Is the POCSO Act Bailable?​​

Supriya Goel
CPJ College of Higher Studies & School of Law, India.

Volume IV, Issue I, 2021

Children who are the incarnations of the almighty, are treated in very bad condition. But it is well said that whenever and wherever any wrong activity happens, the almighty gives the directions to correct that mistake. As a result, the Indian Judiciary made a law known as POCSO Act, 2012, which talks about the protection of child rights from Sexual Offences. The culprits use the children for satisfying their lust. The author wonders, how can a man so much cruel that he rapes his own daughter, who is just 12 years old?

As per POCSO Act, the offences are considered as non- bailable offence. The author has very beautifully enshrined the purpose of this act, through various amendments in the said Act. The Author has nicely explained this act through various illustrations, and moreover the author has used some of the constitutional provisions to explain it in a more detailed manner.

Nowadays, it has been observed that people tend to misuse such sexual harassment laws. In order to mainly get compensation from the court persons started to misuse such laws. But the law is equal for all. Where there is no such prima facie evidence in the case then the court will give the order to IO (Investigation Officer) to have a strong Investigation and then to file a proper Charge sheet before the court. So, with regard to a chance of getting bail, the whole matter is depending after the completion of the filing of charge sheet before the court.

The author humbly requests the readers to kindly go through this article for once, and the author assures that through this small initiative, all the offenders might think at least thrice or more before doing this offence.

Afterall, we all are a part of this beautiful India, known as “the GOLDEN BIRD OF INDIA”.