Need legal help for my son who fled from home with his ex teacher.
2 Answers
Dear Client,
A child under POCSO is any person below the age of 18 years. Sexual activity with a child is criminal regardless of alleged consent. If any sexual act or physical contact or grooming took place when your son was under 18 years, those acts can be prosecuted under POCSO even though your son is now 21. POCSO contains aggravated offences and special protections where the offender is in a position of trust, such as a teacher. Along with that, POCSO has no time bar for reporting as the Act does not prescribe a limitation period preventing prosecution later. with regard to bringing your son home, there is no legal right to force a competent adult home. Once someone is above the age of 18, they are legally an adult. If the police is satisfied that your son is a voluntary adult staying with his teacher on his own will, police ordinarily will not forcibly bring him back. However, if he is detained, threatened, coerced or was induced away, then criminal remedies may apply. Habeas corpus under Article 226 is available where there is unlawful detention or deprivation of personal liberty by another. This will not recover an adult is he has chosen to go voluntarily.
You can file a written complaint at the local police station and can insist for FIR registration on POCSO offences as applicable. If kidnapping, abduction offences occurred while he was a minor, relevant sections of Bharatiya Nyaya Sanhita may apply. You can lodge a missing person report to register your concern and begin enquiries. You can consider family counselling or mediation and through this, attempt to speak to your son and come to a solution. If possible, collect evidence like text messages, admissible under Sections 62 and 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023. I hope this answers to your queries. If you have any further queries, please feel free to contact.
Dear Sir,
Can Police Bring Your Son Back?
No, because he is 21 and legally an adult.
If you file a complaint, police will usually:
Call both parties to the station
Record his voluntary statement
If he says he left willingly, police cannot force him to return.