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Every child is precious, and providing them with a safe and secure environment is the responsibility of one and all. Children are vulnerable and the ever increasing instances of sexual crimes against minors are alarming. Such matters need to be reported to the police sooner and the perpetrator should be punished for the act. Like always, there are two sides of the coin and sometimes, the person accused in POCSO matters is innocent and becomes a bait for someone’s grudge, scuffle, etc. In such cases, saving the innocent through representation before the Courts becomes utmost crucial for a POCSO lawyer.
Enacted in 2012, the Protection of Children from Sexual Offences Act (POCSO) Act accommodates legal provisions to protect children against sexual offences such as assault, harassment, pornography, etc. It further provides for establishment of Special Courts for dealing with matters alike. In fact, apart from express sexual acts, the Act even punishes the storage of pornographic materials for commercial purposes, involving a child. Any person accused of committing or abetting an offence under POCSO Act has to undergo trial as per the provisions. In case the perpetrator is an adult, he/she is tried as per the provisions of Juvenile Justice Act, 2015. In all cases, POCSO lawyers represent the parties, the victim child as well the accused.
When we talk about lawyers having expertise into POCSO matters, it reflects their legal as well as procedural awareness. Courts have time and again held that the prosecution is required to prove some foundational facts, not beyond reasonable doubt, but by preponderance of probability. So if a POCSO lawyer succeeds in shaking off such foundational facts, that’s where his/her expertise reflects. POCSO accusations are serious in nature, thus, after knowing the facts and possibilities in a matter, the POCSO advocates may sometimes even help their clients emotionally. Those POCSO lawyers representing the victim child have to be extra cautious that he/she understands what is being asked and is not pressured by anyone, including the opposing counsel.
One can connect with POCSO advocates through some common connection, or even search online as per the city he/she lives in. The page here contains names of lawyers having expertise in POCSO matters. Online Legal Query helps connect with the POCSO lawyers easily and also seek free legal advice from experts.
There are several factors like the nature of the offence, cooperation with the investigation, likelihood of influencing witnesses, and the specific circumstances of each case. The POCSO lawyer representing an accused has to find compliance with the aforementioned factors to avail the benefit of bail for his/her client.
Any person who has knowledge that an offence under POCSO Act is likely to be committed, or is already committed, has to approach the local Police or the Special Juvenile Police Unit, whatever possible. Such a person can be a friend, relative, someone unknown who witnessed the offence, or even the victim child. The authorities in such cases are supposed to record the information reported in easy and understandable language which is corroborated through the POCSO lawyers during trial.