What is the procedure to withdraw a case under POCSO?


The POCSO Act, which was passed in 2012, is gender-neutral, recognizing that boys can also be victims of sexual abuse. It considers everybody under the age of 18 to be a kid. The Act further broadened the definition of what constitutes a sexual offence against a kid.

Because they are non-compoundable offences, there is no provision to withdraw a case under POSCO. You can, however, attempt to have the order dismissed by the high court based on a settlement. If the high court refuses to cancel the proceedings, the only remaining alternative is to testify in court and reject the complaint’s authenticity.

Aid the parties in resolving their differences. To end the case, file a criminal miscellaneous petition with the top court. That is the only method to get the case dismissed. You are unable to remove the lawsuit from that court.

As a non-compoundable offence, a case filed under the POCSO Act cannot be withdrawn. There are several ways to get your case dropped at trial, including making a statement before the IO declaring that you no longer have a grievance or making a statement before the judge claiming that the complaint was brought due to a misunderstanding.

You can’t withdraw the POSCO case, but you can submit a quashing petition before it’s too late. The quashing power of the high court court is a discretionary power of the court. The High Court had the authority to impose a fine and quash the FIR.

Reference: Protection of Children from Sexual Offences (POCSO) Act, 2012 – – AHG167 – 202100581 – 86 – 82 – 202100135202100423892


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