SC Issues Safeguards Against Misuse of POCSO in Custody Cases
What Happened
Supreme Court Bench of Justices J B Pardiwala and K V Viswanathan laid down safeguards to prevent misuse of the Protection of Children from Sexual Offences (POCSO) Act in custody disputes. The ruling came while quashing an FIR against a father accused of assaulting his daughter, after a CBI probe with NIMHANS experts found the allegations unreliable. The court directed that in cases where POCSO charges are filed against a parent or family member amid a matrimonial dispute, police must avoid hasty arrests, seek independent evaluation of the child by mental health experts, and consider expert reports before proceeding. Courts must also involve child psychiatrists when private complaints are filed.
Key Takeaways
The judgment aims to protect families from false sexual abuse allegations in custody battles, ensuring due process and expert involvement while safeguarding the welfare of the child.