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POCSO Lawyers
24-09-2024

"A 16-year-old girl was a victim of privacy invasion and blackmail when a woman removed her smartphone's memory card, morphed her private photos, and falsely accused her of immorality. The woman intimidated her, threatening gang rape and sabotaging her future marriage prospects. An audio recording confirms the woman's admission of removing memory card from girl's smartphone. Now 22, the girl seeks legal action. Can she invoke the Protection of Children from Sexual Offences (POSCO) Act, or what alternative legal remedies are available to her?"

•Answers Posted by Experts
Response 1.

Now it is late & there is NO SUCH ACT OF (POSCO) Act, But it can be Protection of Children from Sexual Offences Act, 2012 ('POCSO Act').. As you are having the audio clippings the same can be of help for filing an FIR. Also take help from Mahila Mandal to resolve the issue or connect with us for better options..

Anish Palkar
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Response 2.

Dear madam, After a delay of so many years it is very hard to register complaint but it being a serious case try to explain the reasons for delay and get register a criminal case.

Kishan Dutt
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Response 3.

Dear Client, As per your query, even if the Protection of Children from Sexual Offences (POCSO) Act, 2012, is remote, the victim may pursue legal action under the Information Technology (IT) Act, 2000 by: i) Being a victim of identity theft; ii) Having her privacy breached; or iii) The sending of morphed images publicly, iv) The victim can also seek remedies available under the provisions of BNS, 2023 related to: a) Criminal intimidation; b) Forgery; c) Voyeurism; d) Defamation. As the victim is now 22 years old, due to the nature of the facts in the scenario, she should file a complaint with the Cyber Crime cell or file an FIR at the Police Station, using the audio recording of the woman admitting to the victim as evidence to assist the police with their investigation. Hope this answers your query.

Advocate Anik
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