Supreme Court Lays Down Safeguards Against The Misuse Of The POCSO Act Through False Accusations In Custody Battles

Warning that false accusations of child sexual abuse levelled by one parent against the other in custody disputes are on the rise, the Supreme Court has laid down safeguards to prevent the misuse of the POCSO Act. Before coercive action is taken on such a complaint arising against a matrimonial backdrop, a Special Court should ordinarily obtain an expert psychological evaluation of the child. On the facts, the Court quashed a false case against a father and directed the child’s re-integration with him.

False POCSO Cases Consume Enormous Judicial Time, Genuine Victims Deserve Priority: Madras High Court

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.