Allahabad High Court Quashes Summoning Order Under POCSO Act Based Only on Victim’s Statement — No Police Report or Complaint Filed
by -Sangita patel Allahabad High Court Quashes Summoning Order Under POCSO Act Based In a significant development, the Allahabad High Court has set aside a summoning order issued under the Protection of Children from Sexual Offences (POCSO) Act , ruling that it was passed merely based on the victim's statement — without any supporting police report or formal complaint . What Happened? The case centered around a situation where the trial court summoned the accused under POCSO based solely on the statement of the victim recorded under Section 164 of the CrPC (Code of Criminal Procedure). Notably, there was no FIR, no police report, and no complaint filed by the victim or any other person . The defense argued that such a summoning was unjust and premature, and the High Court agreed. High Court’s Observations The Allahabad High Court emphasized the legal process that must be followed before a person can be summoned to face charges under POCSO , which is...