The Madras High Court observed that false cases under the POCSO Act not only harm the accused but also divert valuable judicial time and investigative resources away from genuine child sexual abuse victims, thereby undermining the purpose and effectiveness of the protective legislation.
The Madurai Bench of the Madras High Court observed that false cases registered under the Protection of Children from Sexual Offences Act, 2012 consume valuable judicial time and investigative resources that should be dedicated to genuine victims of child sexual abuse.
Justice L Victoria Gowri made the observations while deciding a batch of four criminal original petitions arising from separate POCSO cases registered in Tiruchirappalli, Thoothukudi, Pudukkottai and Madurai. The Court emphasized that while the POCSO Act remains a crucial legislation for protecting children from sexual offences, its misuse can seriously undermine the very purpose for which the law was enacted.
It said,
“False POCSO cases, apart from harming the accused, consume enormous judicial time and investigative resources which ought to be devoted towards genuine child victims.”
After examining the facts of the four cases, the Court quashed proceedings in three matters and directed a further inquiry in the fourth case. During the course of the proceedings, the Court expressed concern over what it described as a growing tendency to invoke the stringent provisions of the POCSO Act in disputes that may have originated from family conflicts, matrimonial disagreements, personal vendettas and local factional rivalries.
At the same time, the Court clarified that its observations should not be construed as diluting the seriousness of genuine child sexual abuse cases. Rather, the purpose of the judgment was to strengthen public confidence in the POCSO framework by ensuring that the law is invoked responsibly and only in deserving cases.
The Court observed that the ultimate objective of the statute extends beyond merely registering FIRs, filing charge sheets and securing convictions.
“…the true object of the POCSO Act is not confined merely to registration of FIRs, filing of charge sheets, or securing convictions…A child who enters the justice system should emerge protected, reassured, rehabilitated, and emotionally secure not burdened with deeper trauma inflicted through insensitive institutional processes,”
The Court cautioned against the misuse of child protection laws for settling personal scores and pursuing unrelated disputes among adults. According to the Court, when stringent provisions meant for safeguarding children are deployed as weapons in family feuds or village-level conflicts, the children themselves often become victims of the process.
The Court remarked:
“An instrument in the hands of warring adults to settle personal scores, familial rivalry and village factionalism.”
ALSO READ: Thane Rickshaw Driver Acquitted in POCSO Case Over Schoolgirl Modesty Allegation
The Bench noted that such misuse may force children into fabricated allegations, thereby causing them psychological harm and undermining the credibility of genuine complaints.
One of the most significant matters before the Court arose from Tiruchirappalli, where a doctor had been accused of kidnapping and sexually assaulting a minor girl whom he allegedly met through Instagram. Although the parties later sought to settle the dispute, the Court declined to quash the proceedings solely on the basis of compromise because the complainant was a minor at the time of the alleged incident.
However, while examining the records, the Court found prima facie material suggesting possible coercion and manipulation in the lodging of the complaint.
A counselling report placed before the Court reportedly revealed that the victim stated the complaint had been drafted by a woman lawyer who claimed to be the accused doctor’s wife. The victim allegedly informed counsellors that the complaint had been filed under pressure and that legal representation was arranged by the same woman. The victim further claimed to possess voice recordings relating to the conduct of the woman lawyer.
The Court also examined police status reports that disclosed the existence of several earlier criminal complaints involving similar allegations allegedly initiated by the same woman lawyer against different individuals. In many of those earlier cases, complainants subsequently turned hostile, ultimately resulting in acquittals.
Expressing concern over these developments, the Court underscored the special responsibility carried by members of the legal profession.
“The legal profession occupies a sacred constitutional position within the justice delivery system…If persons lacking genuine credentials infiltrate the legal profession and thereafter utilise legal knowledge to threaten, manipulate and exploit emotionally vulnerable citizens, the same would strike at the very root of public confidence in the justice delivery system.”
ALSO READ: Delhi Court in POCSO Case: ‘No Amount of Compensation Can Undo Trauma’
In light of these concerns, the Court requested the Bar Council of Kerala to independently verify the authenticity of the woman lawyer’s enrolment records. Recognising the need for better implementation of child protection laws, the Court also suggested that the State consider launching a comprehensive sensitisation initiative titled “Singapen Sensitisation Workshop.”
The proposed programme would focus on several critical aspects of child protection, including trauma-sensitive implementation of the POCSO Act, child psychology, ethical interviewing techniques, responsible handling of child victims, prevention of misuse of POCSO provisions and awareness regarding Section 22 of the Act, which deals with false complaints.
The Court recommended that the initiative involve police officers, prosecutors, child welfare authorities, counsellors, psychologists, education officials and other stakeholders associated with the POCSO ecosystem.
The judgment highlights the judiciary’s continuing effort to strike a balance between ensuring robust protection for children and preventing misuse of stringent criminal laws. The Court stressed that preserving the credibility of the POCSO Act is essential for safeguarding genuine victims and maintaining public trust in the justice system.
By cautioning against mechanical invocation of the Act while simultaneously reaffirming its importance, the Court underscored that child protection laws must remain focused on the welfare, rehabilitation and safety of children rather than becoming instruments for pursuing unrelated personal disputes.
The matters have now been listed for compliance on August 1, when the Court will review the steps taken pursuant to its directions.
Case Title: Mikvel Vs State
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE