Supreme Court Lays Down Safeguards in POCSO Cases Amid Matrimonial Disputes
Court directs a child's psychological evaluation where matrimonial disputes exist
New Delhi: Flagging what it described as a rising tendency among estranged couples to file false sexual assault complaints involving children under the POCSO Act, the Supreme Court on Thursday directed that there should be no immediate arrest when the alleged offender is a parent or family member living under the same roof and a matrimonial dispute exists between the parents.
Justice J.B. Pardiwala and Justice K.V. Viswanathan also directed that a psychological or psychiatric evaluation of the child by an expert should be conducted before the police decide whether to arrest the accused parent or family member.
The court said such allegations and the resulting process could cause trauma to the child and damage the parent-child relationship, apart from causing hurt and humiliation to an accused parent even after exoneration.
Laying down safeguards, the court said that where the alleged offence is by a parent or family member living with the child and there is a matrimonial dispute indicating a strained relationship between the parents, the investigating officer should not act in haste or immediately resort to arrest after registration of an FIR.
The police officer receiving the complaint must also verify whether a matrimonial dispute exists between the parents.
The investigating officer or Special Juvenile Police Unit should engage an expert in child and adolescent psychiatry or clinical psychology, in consultation with the District Child Protection Unit or, where it is unavailable, the District Legal Services Authority.
In exceptional cases where the material is clear, the investigating officer may dispense with the expert evaluation after recording reasons in writing.
After receiving the psychological or psychiatric evaluation, investigators should consider the expert’s opinion along with other material before deciding whether there is reason to believe that the accused committed the offence and should be arrested.
The court said similar safeguards should apply to complaint cases before special courts.
The directions came in a matrimonial dispute involving an estranged Bengaluru couple in which the wife had alleged sexual assault of their child. The CBI investigated the case and found the allegation to be false.
The Supreme Court restored custody of the child to the father after considering the minor’s welfare.