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Rising False POCSO Cases and the Need for Robust Defence.

A Delhi Court on Monday, 26.05.2025, accepted the Delhi Police report recommending the cancellation of the sexual harassment case filed by a 'minor' complainant against former wrestling Federation of India WFI chief Brij Bhushan. Delhi Police on 15.06.2023, filed the report seeking cancellation of the case involving the girl after her father made a startling claim midway through the probe that he had made a false complaint of sexual harassment against Brij Bhushan Singh to get back at him for perceived injustice to the girl. While the police had recommended dropping the Protection of Children from Sexual Offences (POCSO) Act case against Brij Bhushan, he was charged with sexual harassment and stalking in a separate case lodged by six women wrestlers.

The increase in false POCSO (Protection of Children from Sexual Offences) cases is a concerning trend that demands our attention. The innocent children under the connivance & influence of parents who have their own revenge to take end up registering false complaints.

While POCSO was enacted with the noble aim of safeguarding children from sexual abuse, there has been a noticeable uptick in false allegations. False accusations can wreak havoc on an individual's life, tarnishing their reputation and causing emotional distress. This underscores the necessity for a strong and fair defence. Legal authorities and society must tread cautiously, ensuring a balanced approach that protects the rights of the accused while upholding the welfare of minors.

A robust defence involves a thorough investigation, including gathering evidence and interviewing witnesses. Legal professionals must also educate themselves about the complexities of POCSO laws to counter false charges effectively. As a society, it's imperative that we encourage open dialogue about this issue while upholding the principle of innocent until proven guilty. Striking the right balance in these cases is critical to uphold justice for all parties involved.

#children #delhicourt #policereport #protection #innocentchild #innocentchildren #sexualharassment #court #harassment #complaint #pocso #childabuse #advocate #lawyer #news

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It's my 2 year anniversary on Tumblr 🥳

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A bit late post where Lawonesty Legal Consultants was invited by a Law College. So I, along with one of my colleagues AOR Pramit Saxena, had a wonderful time visiting the College and interviewing talented law students for placements and internships. It was a pleasure to guide these bright minds on navigating a career in law and the importance of generating their own work in this competitive field.

Since I started my legal career, unfortunately I never got any guidance from anyone on how to generate work in the legal field. In the initial years, because of entering litigation a bit late at age with lack of practical experience of the Court processes, I didn't try for any mentorship also. Yes, gradually moving forward I got associations of experienced advocates as I could generate my own work because of my previous experience and networking.

The knowledge gained by me while working with corporates in different industries, by serving the society, by being actively involved with NGOs, local politicians etc were of great help theoritically, though as a first generation lawyer, I passionately kept moving forward, struggled with clerks, procedures, bare acts and learnt the practical court processes by myself from the basics with my own generated work.

But with time, I have realised that my transition from the Corporate world to pure litigation was still smooth because of my past experience and networking but it would be very difficult for the freshers and the first generation lawyers to learn the basics of the Court processes without having their own work and proper mentorship.

I therefore personally feel that it is extremely important for experienced settled advocates to genuinely guide the young law aspirants and help them come up to achieve their dreams in this noble profession.

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SOME OF THE TYPES OF CORPORATE DISPUTES & CASES WHICH CORPORATE LAWYERS HANDLE

Contract Disputes: These arise from conflicts over terms, performance, or breaches of contracts within corporations. Issues include non-payment, delivery failures, or disagreements over contract interpretation.

Corporate Frauds: Involves deceptive practices for financial gain, like accounting fraud, insider trading, embezzlement, or bribery. Regulatory authorities often intervene, leading to legal actions.

Employment Disputes: Cover wrongful termination, discrimination, harassment, wage disputes, or breaches of employment contracts. Conflicts arise from workplace policies, benefits, or unfair treatment.

Tort Claims: Relate to civil wrongs causing harm or injury within corporations. Examples include negligence in providing a safe work environment, product liability, defamation, or intentional infliction of emotional distress. Legal action seeks compensation or defense against such claims.

Bawana Industrial Area, Jhilmil Industrial Area, Friends Colony Industrial Area, Patparganj Industrial Area, Shahdara Industrial Area, Okhla Industrial Area, Tilak Nagar Industrial Area, Mayapuri Industrial Area, Wazirpur Industrial Area, GT Road Industrial Area, Narela Industrial Area, Udyog Nagar Industrial Area, Gandhi Nagar, Shahdara, East Delhi, North East Delhi, Madhu Vihar, Karkardooma Court, Tis Hazari Court, Company Law, Corporate Lawyer, Advocate for Company Law, Corporate Case, Legal, Law, Delhi

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SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

Chapter-IV, Section-9 – COMPLAINT.

COMPLAINT OF SEXUAL HARASSMENT

1) Any aggrieved woman may make, in writing, a complaint or sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident:

Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing:

Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.

2) Where the aggrieve woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.

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WRITS AT THE HON’BLE SUPREME COURT OF INDIA

UNDER ARTICLE 32 OF CONSTITUTION OF INDIA

REMEDIES FOR ENFORCEMENT OF RIGHTS CONFERRED BY THIS PART

1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed.

2) The Supreme Court shall have power to issue directions or orders or writs including within the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari whichever may be appropriate, for the enforcement of any of the rights conferred by this part.

3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) & (2), Parliament may by Law empower any other Court to exercise within local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under Clause (2).

4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Transfer Petition, Special Leave Petition, Supreme Court Lawyer, Advocate, Delhi, AOR, Delhi High Court, Bombay High Court, Advocate for Supreme Court Case, SLP, Bail, Supreme Court Lawyer Bombay, WRIT, Constitutional Law

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Contract Disputes: These arise from conflicts over terms, performance, or breaches of contracts within corporations. Issues include non-payment, delivery failures, or disagreements over contract interpretation.

Corporate Frauds: Involves deceptive practices for financial gain, like accounting fraud, insider trading, embezzlement, or bribery. Regulatory authorities often intervene, leading to legal actions.

Employment Disputes: Cover wrongful termination, discrimination, harassment, wage disputes, or breaches of employment contracts. Conflicts arise from workplace policies, benefits, or unfair treatment.

Tort Claims: Relate to civil wrongs causing harm or injury within corporations. Examples include negligence in providing a safe work environment, product liability, defamation, or intentional infliction of emotional distress. Legal action seeks compensation or defense against such claims.

#companylaw #corporatelawyer

(Corporate Lawyer) (Company Law) patparganj industrial area

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PROPERTY TRANSFER

According to Sec.8 of the Transfer of Property Act 1882, by transferring property, transferor transfers all rights in a property. The four modes of transferring ownership of the property include – Sale Deed, Gift Deed, and Relinquishment Deed & Will.

WHAT YOU SHOULD KEEP IN MIND?

It can be a long list but some of the basic points are:

1)Hire a good Advocate with good drafting skills & knowledge about the property laws

2)Enquire & ensure that the property’s title is free & clear to avoid misrepresentations. So copy of papers/past agreements/deeds, from authorities, mutation receipts, all title documents of the owner, power of attorney(if any) etc is a must to be checked

3)Understand the Tax Implications & plan the tax liability

4)Understand the overhead expenses like the Stamp duty & other related charges like maintenance, broker’s fees etc. before initiating the Transfer so that later it doesn’t create any hindrances.(the list can be big depending upon the type of transfer of property)

5)Each & every clause in the agreement is of utmost important. Normally agents/consultants use the same format of a deed to execute the sale, which later brings problems during or after the transfer. Hence, your lawyer plays the most important role in drafting the clauses, which must be as per the agreed terms & conditions, on the basis of the type of Transfer of the property.

6)The terms & conditions, of MOU

7) Timelines of Transfer

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Advocate Abhishek Sinha/ Criminal, Divorce & Family, Civil, Property, Corporate, Insurance & Consumer Lawyer on Google

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Advocate Abhishek Sinha/ Criminal, Divorce & Family, Civil, Property, Corporate, Insurance & Consumer Lawyer on Google

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Advocate Abhishek Sinha/ Criminal, Divorce & Family, Civil, Property, Corporate, Insurance & Consumer Lawyer on Google

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SUCCESSION CERTIFICATE AND LEGAL HEIR CERTIFICATE

HOW A VALID SUCCESSION CERTIFICATE IS OBTAINED ?

A Petition for the grant of a Succession Certificate is filed at the Court of the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death or within the jurisdiction where any part of the property of the deceased may be found.

The Application shall be made by a Petition, in the manner prescribed by the Code of the Civil Procedure,1908. It presents the time of the death, the ordinary residence, the family and other relevant parties / relatives, the debts and securities etc. in respect of which the certificate is applied for.

After receiving all the necessary information from the deceased heir’s, getting it published in a local newspaper & when no objection is received, the Court of law after getting fully convinced, grants the Succession Certificate.

If the Petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true that person shall be deemed to have committed an offence U/S 198 of IPC

HOW A VALID LEGAL HEIRSHIP CERTIFICATE IS OBTAINED ?

To obtain a valid Legal Heirship Certificate, an application is made to the regional administrative officer/ SDM/ Local municipality/ Tehsildar/Talukdar & those who are eligible & shall have legitimate inheritance will be extended the Legal Heirship Certificate after proper verification and scrutiny

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DIVORCE

Any marriage solemnized, may, on a petition presented by either the husband or the wife, be dissolved by a decree of Divorce on the ground that the other party:-

1. Has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; OR

2. Has, after the solemnization of the marriage, treated the petitioner with cruelty;OR

3. Has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; OR

i. Has ceased to be a Hindu by conversion to another religion; OR

ii. Has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

iii. Has been suffering from a virulent and incurable form of leprosy; OR

iv. Has been suffering from venereal disease in a communicable form; OR

v. Has renounced the world by entering any religious order; OR

vi. Has not been heard of as being alive for a period of Seven years or more by those persons who would naturally have heard of it, had that party been alive.

Divorce Lawyer, Advocate for Divorce, Mutual Consent Divorce, 498A, Domestic Violence, Family Law

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How an F.I.R Can be quashed in a 498A Case?

An application can be filed Under Section 482 of Criminal Procedure Code to quash and set aside a F.I.R. Even in a F.I.R registered Under Section 498A of IPC, the HIGH COURT can quash the F.I.R if its convinced that the person is innocent and falsely implicated.

It also can be done if the proceedings of a case are not conducted fairly and also in some cases where the provision of the section 498A of IPC is not attracted in the report. The High court can quash the F.I.R on the ground that a case is a false case.

Quashing of FIR can also be done by writ petition under article 226 of the constitution of India.

Sometimes disgruntled wives simply lodge F.I.R against husbands and their relatives with severe allegations. Due to which they not only lose their reputation in society, but also face a lot of torture and harassment.

After registering FIR on the information provided by the person the police have the right to arrest the accused person and investigate into the offence

In that situation, accused person has a remedy that is the quashing of F.I.R from the HIGH COURT.

Advocate Delhi High Court, False F.I.R, 498A, False 498A Case, Vakeel, Domestic Violence, Men's Right, 482 IPC, Supreme Court, Bail, Anticipatory Bail, Criminal Lawyer, Police Complaint, Arrest, DELHI HIGH COURT, Legal Help, Legal Advice, Ghaziabad, Noida, Greater Noida, Mayur Vihar, Delhi

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HIGH COURT LAWYER

1) CRIMINAL REVISIONS,CRIMINAL MISC.CASES AND BAIL APPLICATIONS

Anticipatory bail application, Bail application, Cancellation of bail, Criminal misc. petition under Section 482 Cr.P.C, Matters under Delhi Police Act, 1978, Quashing of charges, FIR

2) CRIME AGAINST WOMEN AND CHILDREN

Sexual Harassment, Domestic Violence Cases, POCSO, Other criminal matters against Women

3) CRIMINAL WRIT PETITIONS

Custodial death, Externment, History Sheet, Preventive detention - Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, Preventive detention – COFEPOSA, Preventive detention

4) FAMILY LAW MATTERS

Divorce Cases under Hindu Marriage Act, Restitution of conjugal rights, Child adoption & maintenance matters (Hindu Minority & Guardianship Act, 1956), Alimony, Child custody including under Guardian and Wards Act, 1890, Confirmation of divorce decree (Indian Divorce Act), Divorce Matters under Muslim Marriage Act

5) SPECIFIC PERFORMANCE OF CONTRACT MATTERS

Agricultural Land, Flats and Multi Storeyed Buildings, House Property, Other Matters relating to specific performance, Partnership and Contract Act, Company Law

6) ARBITRATION ACT 1940, ARBITRATION AND CONCILIATION ACT,1996

7) CORPORATE MATTERS

Money recovery, Financial Criminal Matters, Company Law, Fraud, Cheating, White Collar Crime

8) INSURANCE LAW AND CONSUMER PROTECTION CASES