Fake POCSO cases to settle grudge

The Supreme Court expressed concern over the increasing practice of using fake POCSO complaints against husbands in divorce cases. The top court observed that misusing the law for the sake of profit and making innocent people look guilty is putting an additional burden on the judicial system. The observation of the bench comprising Justices B.V. Nagaratna and Ujjwal Bhuyan was made by quashing about ten criminal cases filed by wives against their husbands and family members in UP. The court quashed the cases, including the POCSO section and the rape. The complainant had also alleged that her 14-year-old daughter was raped by her husband and brother-in-law. However, the court quashed these after finding them to be fabricated during the investigation and even observed that such cases were increasing in the country.

The Kerala High Court also expressed similar concerns earlier. The High Court had pointed out that there are situations where children are forced to file false complaints due to pressure from adults to settle a grudge. The main reason for invoking the POCSO section to settle a grudge is the strictness of this law. According to the POCSO Act, if a complaint is received, the police must immediately register an FIR and arrest the accused. This strict procedure often leads to misuse of the law.

Normally, when such a complaint is received, the police only check the age of the child who has been abused. If the child is below 18 years of age according to the legal certificate, the police register a POCSO case without further investigation. This practice needs to change, and the Supreme Court itself has earlier directed in another case that the POCSO section should be imposed only if the complaint is found to be legit after conducting a preliminary investigation under the supervision of a senior police officer. However, this practice is seldom followed.

When the marriage falls apart, people take solace in filing such fake cases, using criminal laws as a weapon to settle personal disputes and put pressure on the opposing party. In many cases filed against in-laws, such as dowry harassment and domestic violence, such allegations are made without evidence or basis. There are also many fake complaints where the mother uses the child to protect her own interests. The increase in such fake complaints can also delay justice for the real victims.

Another aspect of the POCSO case is that the accused becomes a target of contempt in front of society. Even an acquittal in the case cannot compensate for the mental torture, humiliation and isolation of the accused that he has suffered till then. Therefore, the police department has the responsibility to conduct a thorough investigation into such complaints. Similarly, lawyers also need to be more responsible by not encouraging false complaints.