Friday, 24 April 2020

Whether magistrate can release the vehicle seized in offence under POCSO Act?

Offence under Pocso Act is triable by session court. As per S 25 of Pocso Act,Magistrate is given only jurisdiction to record statement of victim.As per S 33 of Pocso Act, Session judge can directly take cognizance of offence without accused is committed to him.Session Judge can conduct trial as per provisions of CRPC. Hence I consider that magistrate can not release vehicle seized in Pocso Act.
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