The Supreme Court has expressed concern over the increasing number of false and baseless cases being filed under the Protection of Children from Sexual Offenses (POCSO) Act in matters related to marriage and other personal disputes. The Supreme Court has warned that such misuse of criminal law causes immense suffering to innocent people and also burdens the justice system. In a judgment, the Court observed that the number of charges being filed against husbands, especially fathers of daughters, under the POCSO Act in matrimonial disputes is increasing.
According to the Supreme Court, such complaints are sometimes used in matrimonial litigation to gain financial compensation rather than leverage. In many cases, there is also an intention to harass the opposing party.
Court canceled more than 10 cases
A bench of Justice BV Nagarathna and Justice Ujjwal Bhuyan made these observations while quashing more than 10 criminal cases filed against the husband and his family members under the rape provisions of the POCSO Act and the Indian Code of Justice (BNS). In one of the cases filed on the wife’s complaint, it was alleged that her 14-year-old daughter was raped by her husband and brother-in-law. Other members of her husband’s family beat her up. The court has found these cases baseless, fabricated and misleading. Rejecting this, the court expressed concern over the increasing trend of adding allegations of sexual harassment in matrimonial cases.
What is POCSO law?
POCSO Act, 2012 protects children from all types of sexual crimes including online exploitation. According to Section 12, saying obscene things to a child, showing obscene photos or videos or repeatedly contacting a child with wrong intentions is a crime under this section. According to Section 13, using a child in any media (Internet, newspaper or TV) with malicious intent is considered a crime. According to Section 14, for the first time the punishment is minimum 5 years in jail and fine. If caught again, there is a minimum jail term of 7 years and a fine. According to Section 15, different punishments are prescribed for possessing child pornography, hiding it or not giving information about it to the police.
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