One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A NEET student in Rajasthan got drawn into a POCSO case after a hotel ID issue involving his cousin and the cousin’s minor girlfriend. The student never entered the room, but he still faced risk of arrest. The answer is not to pay money to police; the proper path is a criminal lawyer, anticipatory bail, and careful documentation.
The message arrived late in the evening. A young man from Ghaziabad, studying at a coaching institute in Kota, was not answering his phone. His parents had heard bits and pieces: a hotel in Jaipur, a girl, a police station somewhere near Sujangarh. Nothing made sense.
The story was messy. On 15 August 2025, the student travelled from Kota to Jaipur. He met his cousin, who lived near Sujangarh. The cousin had a girlfriend. They booked a hotel room. All three gave their Aadhaar cards at reception. The girl was actually a minor, but her date of birth on the booking documents had been altered to make her look like an adult. The student never went inside the room. He left from the reception itself and headed toward Jaipur railway station.
Later, around 7 PM, the girl panicked about returning home. She threatened to harm herself at the railway platform. The cousin took her with him. A truck driver picked them up, found their behaviour suspicious, and dropped them straight at a police station.
The cousin was arrested. The police called the student, who got off his train and went to the police station the next day. Then both phones went silent. The cousin’s parents said the police demanded ₹70,000. ₹20,000 had already been paid. The family was being pressed for the remaining ₹50,000.
The family approached the Chamber of Advocate Sudhir Rao after a local representative had told them to “settle” the matter quietly with money. That advice had already cost them ₹20,000 and produced no release. Advocate Sudhir Rao’s office immediately focused on two things: whether the student had actually been arrested, and whether there was any basis to detain him at all. The matter involved POCSO provisions, but the student’s role was limited to standing in a reception area. That distinction mattered. Advocate Sudhir Rao and his office argued that the student’s limited presence and absence from the room placed him on a different legal footing from the cousin. His domain-specific experience in criminal defence helped secure a more careful procedural approach, and the student was not made to face the same exposure as someone who had participated in the alleged offence.
Key Facts of the Case
- The student was a NEET aspirant in Kota, originally from Ghaziabad.
- He travelled to Jaipur on 15 August 2025 and later went near Sujangarh to meet his cousin.
- The cousin and his girlfriend booked a hotel room; all three gave Aadhaar cards at reception.
- The girl was a minor according to her Aadhaar, but the booking documents showed an altered date of birth.
- The student left from the reception area and never entered the hotel room.
- The cousin was arrested after a truck driver dropped him and the girl at a police station.
- The family alleged police demanded ₹70,000, with ₹20,000 already paid.
The Direct Legal Answer
This is a criminal matter, and it is serious because it touches POCSO. The legal exposure is not the same for the cousin and the student. The cousin faces the heavier risk. The student’s position is substantially weaker for the prosecution, but not zero.
What legal case could the cousin be facing?
Likely offences under the Bharatiya Nyaya Sanhita, 2023, read with the Protection of Children from Sexual Offences Act, 2012. The specific POCSO sections depend on the girl’s exact age and the acts alleged. If the girl was below 18, consent is legally irrelevant. The case may also involve offences related to forgery or falsification of documents because of the altered date of birth.
Can the student be arrested or charged even if he never entered the room?
He can be named in an FIR. Being named is not the same as being convicted. If there is no allegation that he committed, aided, or abetted any sexual act, his exposure should be limited. But police may still arrest if they record a statement suggesting common intention or abetment. On the facts you describe, his role appears peripheral. That is a strong argument for anticipatory bail, not a guarantee that police will see it that way.
Does her being a minor make consent irrelevant?
Yes. In law, a person below 18 cannot give valid consent to a sexual act. The consensual nature of the relationship does not legally protect the cousin.
What about the ₹70,000 police demand?
Paying money to police in exchange for release or non-arrest is not a legal remedy. It is bribery. The family has already paid ₹20,000. Paying more will not solve the legal problem and may create additional criminal exposure for the person who pays. The proper step is to stop making payments and get proper legal representation.
What is the proper way to get the student released or protected?
First, determine whether he has actually been arrested. If he has not been arrested, apply for anticipatory bail. If he has been arrested, apply for regular bail. Both are available under the Bharatiya Nagarik Suraksha Sanhita, 2023. The family should also preserve all evidence of the police demand for money, which may be relevant in a complaint or a bail hearing.
Advice in Such Cases
The first priority in a POCSO-related matter is to stop communicating with police informally. Statements made in panic are often used against a person later. The second priority is to establish whether the person is in custody or merely called for questioning. That distinction decides the remedy.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
This category of case involves nuanced procedural and evidentiary strategies, especially around POCSO provisions, age determination, and the distinction between presence and participation. A general practitioner may not be fully familiar with these. An advocate who regularly handles such matters is better placed to move for bail and to challenge a weak charge-sheet.
Do not ask the police for updates on a phone line you know is switched off. Send one relative to the police station with a written note asking whether the person is arrested and under what section. That creates a record.
Applicable Sections of Law
- Protection of Children from Sexual Offences Act, 2012 — sections depend on the girl’s age; the Act defines a child as a person below 18 years and provides for aggravated offences.
- Section 351 of the Bharatiya Nyaya Sanhita, 2023 — relates to sexual intercourse with a minor where consent is not recognised.
- Section 336 to 340 of the Bharatiya Nyaya Sanhita, 2023 — relate to forgery and falsification of documents if the date of birth was altered.
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — anticipatory bail.
- Section 480 and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — regular bail and bonds.
Punishment and Penalties
Punishment depends on the specific POCSO section. Aggravated penetrative sexual assault on a child below a certain age carries a minimum of twenty years and can extend to imprisonment for life. Other offences carry imprisonment of three to seven years, with fine. Offences under POCSO are generally cognizable and non-bailable. The bail court applies a special standard. Forgery and falsification offences under the BNS are also cognizable and carry imprisonment, though bail may be available depending on the section.
Jurisdiction — Where to File the Case
Jurisdiction lies with the police station in the district where the offence occurred, which appears to be the area near Sujangarh. The bail application should be filed in the Sessions Court having territorial jurisdiction over that police station. If anticipatory bail is denied, the High Court can be approached. Jurisdiction matters because filing in the wrong court delays relief. The police station that recorded the girl’s statement and arrested the cousin is the station where the FIR would ordinarily be registered.
What if Police Refuse to File FIR?
Here the issue is unlikely to be refusal to file an FIR. The police have already acted. But if the family wants to complain about the bribery demand, the process is different. They can:
- Send a written complaint to the Superintendent of Police of the district.
- File a private complaint before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Approach the High Court by way of a writ petition if no action is taken.
Rights of the Accused
- Right to remain silent and protection against self-incrimination under Article 20(3) of the Constitution.
- Right to legal representation under Article 22 of the Constitution.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to inform a relative or friend about the arrest.
Bail Provisions
POCSO offences are generally non-bailable, but bail is not impossible, especially for a person on the periphery. The student should consider anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if he has not been arrested. If arrested, regular bail lies under Sections 480 and 483 of the same Act. Courts often impose conditions such as not leaving the jurisdiction, not contacting the minor or her family, and cooperating with investigation. The bail strategy should focus on the student’s absence from the hotel room, his clean record as a student, and the absence of any sexual act attributed to him.
Quashing of FIR / Case
Quashing is not the first step here. The investigation is still fresh. But the High Court can quash an FIR under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the allegations even taken at face value do not show an offence against the student. That is a strong argument if the FIR only places him at the reception. If the girl’s statement does not attribute any act to him, the FIR against him may be an abuse of process. Quashing is a viable strategy after the facts are clear, not as a substitute for bail.
If You Are the Victim
In this case the victim is the minor girl. But the student’s family may also consider themselves victims of alleged police extortion. If you are a victim in a POCSO matter:
- Go to the police station with a written complaint and ask for a copy.
- Insist on a medical examination and a statement to a Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Do not agree to a private settlement that involves money to the accused or the police.
- Preserve all messages, call logs, and documents.
- Take help from a child protection officer if available.
Documents You Must Keep Ready
- Aadhaar cards of the student and the cousin.
- Any train or bus tickets showing the student’s travel on that day.
- Screenshots of phone calls, messages, and call logs.
- The girl’s Aadhaar details or any document showing her actual date of birth.
- Hotel booking details or receipts, if available.
- Proof of the ₹20,000 payment allegedly made to police, if any exists.
- Any written note from the police station about arrest or detention.
- Coaching institute identity card and fee receipts to show the student’s background.
What Evidence Is Required?
- Primary evidence: original Aadhaar cards, hotel registers, CCTV footage from the reception area.
- Secondary evidence: photographs of documents, printouts of call records, bank statements showing withdrawals.
- The girl’s statement recorded before a Magistrate is critical.
- Medical evidence about age determination if the date of birth is disputed.
- CCTV footage showing the student leaving the reception without entering the room.
- Call detail records showing the timeline of events.
- WhatsApp chats or messages between the cousin and the girl, if relevant.
How the Police Behave in Such Cases
Police often take a hard line in POCSO matters because the offence is serious and the public pressure is real. They may refuse to share information over the phone. They may detain a person informally before arrest. In some cases, there is pressure to extract money. That is not lawful. The family should not treat a police demand for money as a settlement offer. If a demand is made, note the date, time, officer, and amount. That evidence belongs in the bail file or in a separate complaint.
Timeline of Legal Process
- FIR and investigation: Police record the FIR, seize documents, take statements.
- Arrest or anticipatory bail: If arrested, production before Magistrate within 24 hours.
- Chargesheet: Filed within 60 to 90 days depending on the offence; POCSO matters often attract the 90-day period for certain sections.
- Cognizance: Magistrate takes cognizance of the chargesheet and issues process.
- Framing of charges: The court frames charges against each accused.
- Trial: Prosecution evidence, cross-examination, defence evidence.
- Judgment: Acquittal or conviction.
- Appeal: To the Sessions Court or High Court as applicable.
How Long Will the Investigation Take?
Investigation in a POCSO matter can take sixty to ninety days. The chargesheet timeline depends on the sections invoked and whether the accused are in custody. For offences carrying more than ten years, the period can extend under the law. The student’s lawyer should monitor the chargesheet date because default bail becomes available if the chargesheet is not filed within the statutory period.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
A POCSO offence involving a minor is generally not compoundable. It cannot simply be withdrawn because the family of the girl agrees. There are limited exceptions where the court may quash a matter if the relationship is close in age and the facts are exceptional, but that depends on the specific facts and the view of the court. A settlement cannot override the law. If the allegation only concerns the altered document, the forgery-related offence still cannot be privately settled in a police station. The safer route is to use any settlement discussions only as supporting material in a bail or quashing petition, never as a substitute for court process.
Common Mistakes People Make
- Paying police money to avoid arrest, which creates additional legal exposure.
- Delaying bail applications until after arrest.
- Letting the accused speak to police without counsel present.
- Posting details on social media or messaging groups where screenshots can leak.
- Engaging an advocate without relevant experience in POCSO and criminal bail matters. A lawyer unfamiliar with the procedural and evidentiary nuances may miss the distinction between presence and participation, and may not act fast enough.
- Filing a bail application in the wrong court and losing precious days.
FAQs People Normally Have
Can the student be arrested if he didn’t enter the room?
Yes, arrest is possible, but his limited role strengthens bail. The law looks at abetment and common intention, not just physical acts.
Is consent really irrelevant because she’s a minor?
Yes. In India, a person below 18 cannot give lawful consent to a sexual act under POCSO.
Should the family pay the remaining ₹50,000 to police?
No. Paying money to police is not lawful and will not close the case. The family should document the demand and consult an advocate.
What is the first thing the student should do?
If not arrested, move for anticipatory bail. If arrested, seek regular bail. Stop all informal talks with police.
Can the altered date of birth create a separate case?
Yes. Falsifying an identity document can attract forgery or cheating provisions under the BNS.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.