The Kerala High Court recently expressed concerns about the misuse of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in a case where a girl admitted to filing a false complaint against her cousin-brothers out of anger.
Justice CS Dias highlighted the serious issue of accountability for such false complaints, particularly since the POCSO Act shields minor complainants from punishment for providing false information.
The Court questioned, “What wrong have the petitioners (the accused brothers) done, and who is to compensate them for their wrongful confinement, mental agony, trauma, and pain they have endured?”
While acknowledging the POCSO Act as a crucial law for ensuring children’s safety and protection, the Court noted recent instances of its misuse. “Such misuse not only undermines the intention of the legislation but also poses a serious threat to the integrity of the justice delivery system,” the Court stated.
The Court urged the State to implement measures to prevent false POCSO cases. “This Court has consistently cautioned against the potential misuse of the otherwise benevolent provisions of the POCSO Act. I leave it to the best wisdom of the State to determine and implement appropriate safeguards, drawing upon the principles laid down in the landmark decision in Arnesh Kumar (supra),” the Court said.
The case in question involved two brothers who had been jailed for two months after their 17-year-old cousin accused them of molesting her. The complainant initially claimed that one cousin had sexually assaulted her in 2017, while both had molested her in February and March 2023. However, she later admitted in an affidavit that she had made the allegations out of anger because her cousins had objected to her relationship with a classmate.
The complainant’s parents informed the Court that they were unaware of the false complaints until the police arrived at their residence. The Court observed that this case serves as a reminder of the severe impact that false accusations can have on innocent individuals.
“These applications highlight the plight of the so-called predators in the present crimes, who have become the actual victims of an orchestrated act of retribution by the so-called victim, and it demonstrates the perilous consequences that can arise due to the false accusations made by a victim,” the Court stated.
The Court also urged authorities to exercise caution before making arrests under the POCSO Act, especially when the allegations involve family members.
“The present cases serve as a reminder to all stakeholders involved in the judicial process to exercise due caution, prudence, and diligence prior to arresting an accused, especially blood relatives and family members of a minor victim, who in a moment of emotional turmoil may make unfounded allegations against her own family members without fully realizing the implications, gravity, and seriousness of the action,” the Court said, allowing the bail applications before it.
The bail applicants were represented by advocates PM Arun Das, K Arun, CA Chacko, CM Charisma, Babu VP, and Vishnu S Mullappally. Senior Public Prosecutor CS Hrithwik appeared for the State, while advocates Bibin Varghese and Megha K Xavier represented other respondents.
