Supreme Court lays down safeguards against misuse of the POCSO Act in matrimonial disputes between parents

In a case where a father accused of sexually assaulting his child under the POCSO Act was eventually cleared after a CBI investigation found the FIR fabricated to help regain the child's custody, the Supreme Court laid down nationwide safeguards to prevent misuse of the Act in matrimonial disputes, while stressing that these must not dilute the Act's protective purpose. The safeguards apply only where two conditions are both met: the accused is a parent or family member living in the same household as the child, and a matrimonial dispute exists between the parents, which the police must verify on receiving the complaint. In such cases, before arresting the accused, the investigating officer must ordinarily obtain a psychological or psychiatric evaluation of the child from an expert empanelled with the District Child Protection Unit, and consider that report, together with the rest of the material, in deciding whether there is 'reason to believe' the accused committed the offence, as required for arrest under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The expert's report does not bind the investigating officer and cannot by itself support a chargesheet or a closure report.

The same evaluation requirement applies before a Special Court takes cognisance of a private complaint under Section 33 of the POCSO Act. Courts deciding bail or remand must examine whether these safeguards were followed before any coercive action was taken. The Court directed that the judgment be circulated to every criminal court and police station, with particular attention to its operative paragraphs.