Bail -- POCSO Act -- Consensual Relationship Opposed by Family -- Prima facie ground for bail given lengthy incarceration and advanced trial stage
Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Bail -- POCSO Act -- Consensual Relationship Opposed by Family -- Prima facie basis for bail may be found where the victim’s statement and cross-examination indicate a consensual relationship opposed by her family, the accused has undergone incarceration exceeding one year, has no prior antecedents, and the trial, involving numerous remaining witnesses, is likely to take considerable time -- Protection of Children from Sexual Offences Act, 2012, is not to be misapplied to curb consensual adolescent relationships opposed by families.
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