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Mandatory reporting of offences under POCSO Act overrides restrictions under Section 198 CrPC: Delhi High Court

After considering the case, the bench said that POCSO is a special law and “it is well established that when a general law and a special law dealing with some common aspects are in question, the rule adopted and applied is one of harmonious construction whereby the general law, to the extent dealt with by the special law, is impliedly repealed”.

On the issue of extending the limitation, the High Court said that Sections 472 and 473 CrPC already empower the Courts to extend the period of limitation, if it is satisfied that the facts and circumstances of the case necessitate extension of the period of limitation or that the delay has been explained properly.

“Accordingly, in appropriate cases where minor victims are not able to file their complaints within time, the Trial Court has the power to extend the period of limitation, if it deems appropriate,” the Court held.

Source: Barandbench

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