BAR U/S 33(5) OF POCSO ACT TO RECALL MINOR VICTIM NOT APPLICABLE AFTER HER ATTAINING MAJORITY: KARNATAKA HIGH COURT The Karnataka High Court has held that on the child attaining 18 years of age, the rigor under Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 Act gets diluted and sequentially, will not become a bar for seeking recalling and further cross-examination of the victim under Section 311 of the CrPC on an application made by the accused. The Court opined that the intention of Section 33(5) is to protect the interests of the child-victim and to make sure that in genuine cases, a child-victim is not harassed. However, where the victim has turned 18 years of age, the bar no longer applies so as to protect the interests of the accused for cases in which the punishment is more than 10years. Reddy & amp; Reddy is renowned for its experience in litigation. We have successfully represented our clients in civil, commercial and criminal litigation proceedings before the relevant Indian courts.
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