Supreme Court flags rise in false POCSO cases linked to matrimonial disputes
NEW DELHI, May 30: The Supreme Court has expressed concern over what it described as a growing trend of false and frivolous…
NEW DELHI, May 30: The Supreme Court has expressed concern over what it described as a growing trend of false and frivolous cases under the Protection of Children from Sexual Offences (POCSO) Act being filed in the backdrop of matrimonial and personal disputes, warning that such misuse causes hardship to innocent persons and burdens the justice system.
A Bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan made the observations while quashing more than 10 criminal cases, including allegations under the POCSO Act and rape provisions of the Bharatiya Nyaya Sanhita (BNS), against a man and his family members.
The court found the allegations to be frivolous, concocted and vexatious, and used the occasion to caution against the increasing misuse of criminal law in matrimonial conflicts.
‘Uglier Side of Matrimonial Litigation’
In a judgment authored by Justice Nagarathna, the Supreme Court noted that criminal proceedings are often initiated after matrimonial relationships deteriorate, with allegations ranging from dowry harassment and cruelty to domestic violence and harassment by in-laws.
The court observed that an emerging and more troubling trend involves the filing of false POCSO complaints against husbands, who are also fathers of minor children.
“A recent trend in this regard is when the wife resorts to filing false complaints and cases under the POCSO Act alleging that the husband, who is also the father of the minor child, has committed acts sexual in nature against the minor daughter,” the court observed.
The bench lamented that children are sometimes drawn into such disputes and allegedly used as instruments of revenge, harassment or pressure to secure favourable settlements in matrimonial litigation.
Misuse Not Limited to Matrimonial Disputes
The Supreme Court said misuse of the POCSO Act is not confined to family disputes.
It noted that false complaints are also occasionally filed in cases involving:
- Family feuds
- Neighbourhood disputes
- Business rivalries
- Financial disagreements between borrowers and lenders
According to the court, allegations under the POCSO Act are sometimes used as a tool of vengeance or as a pressure tactic to compel the accused to comply with the complainant’s demands.
Need to Protect Genuine Victims
At the same time, the court emphasised that genuine cases of child sexual abuse require the highest level of sensitivity and urgency from investigators and courts.
The bench clarified that serious allegations supported by credible evidence must be investigated thoroughly and taken to their logical conclusion.
However, it cautioned against allowing criminal prosecutions to proceed solely on the basis of vague, sweeping and omnibus allegations without supporting material.
Courts Must Exercise Caution
The Supreme Court stressed that courts must carefully scrutinise allegations at the initial stage, particularly in cases arising from matrimonial discord where emotions often run high.
The bench observed that the possibility of manipulation, fabrication and vexatious litigation increases significantly when parties are already engaged in bitter legal battles.
“The courts have to be extremely careful before taking cognizance of complaints invoking rape provisions, especially where parties are already embroiled in matrimonial litigation,” the judgment noted.
The court also urged legal practitioners to act responsibly and discourage litigants from filing false or fabricated criminal complaints merely to exert pressure on the opposing party.
Case Against Husband and Family Quashed
The observations came while hearing an appeal challenging an Allahabad High Court decision that had allowed criminal proceedings to continue against a husband and his family members.
One of the allegations claimed that a 14-year-old girl had been sexually assaulted by her father and uncle, while other family members were accused of physical assault.
After examining the records, the Supreme Court found the allegations unsupported by medical evidence and noted that witness statements appeared almost identical.
The bench observed that the statements were reproduced “word for word,” suggesting possible tutoring.
Finding no substantive material to support the accusations, the court quashed the complaint, cognisance order and summoning order against all the accused.
Observations Limited to Present Case
The Supreme Court clarified that its observations were confined to the facts of the present case and should not be interpreted as diminishing the seriousness of genuine complaints involving sexual abuse, domestic violence or matrimonial cruelty.
The court acknowledged that many women face real abuse and violence within marriages and stressed that such cases deserve rigorous judicial scrutiny and protection under the law.
The appeal was allowed.
