Misuse of
the POCSO Act: False Accusations and Legal Ramifications
Introduction:
India
is home to 19% of the world’s children, accounting for 42% of its overall
population. India is a country known for its multicultural, multi-ethnic, and
multi-religious population but there exist economically and socially
downtrodden groups which face a wide range of challenges. Children are
consistently the most vulnerable members of these groups. While it is true that
girls are slain before they are born, those who survive are exposed to a
variety of atrocities. Furthermore, India has the greatest rate of child sexual
abuse in the world, with rape of a child under the age of 16 years occurring
every 155 minutes, rape of a child under the age of 10 years occurring every 13
hours, and one in ten of these children being raped at any given time. On May 22,
2012, the Indian parliament passed the ‘Protection of Children Against Sexual
Offenses Bill, 2011’, which ended years of a lack of explicit regulations
against child sexual abuse that would have treated minors differently than
adults in cases of sexual crime. The said offenses against children were
covered by the Indian Penal Code, of 1860, the Juvenile Justice (Care and
Protection of Children) Act of 2000, and the Immoral Traffic (Prevention) Act
of 1956. The POCSO is a special law that must be applied in accordance with the
legal principle “generalia specialibus non-derogant” for the POCSO Act to take
precedence over generic law in cases of child abuse. The POCSO Act provides
penalization for individuals who commit child abuse. In accordance with the POCSO
act, a child is said to be physically abused if being asked or pressured to
participate in sexual activities that might comprise penetrative sexual assault
and sexual assault, aggravated penetrative sexual assault and aggravated sexual
assault, sexual harassment, and child pornography provided that the said acts
are committed on an individual whose age is under 18 years of age. The Act
identifies offenders as both men and women provided that penetrative sexual
assault cases can only be filed against men. The penalization provided to an
accused charged under the POCSO Act might range from imprisonment for not less
than 3 years to that of life imprisonment. Thus, the Special Court instituted
to deal with matters relating to POCSO Act must wisely apply judicial mind
while passing a decree of conviction because there are cases of false
accusation thereby leading to humiliation and societal boycott thereby
increasing the probability of suicidal thoughts since the conviction rate in
cases relating to POCSO is 15.41% which seems to be a bare minimum percentage
and according to data on crime provided by the National Crime Records Bureau
(NCRB), Ministry of Home Affairs in 2016, investigations indicated that 5,347
cases involving Scheduled Castes (SCs) and 912 cases connected to Scheduled
Tribes (STs) were determined to be fraudulent.This article enables an
individual to understand the Judiciary’s stand with regard to false accusations
in POCSO cases.
False
Accusation In POCSO Cases:
Section 22[1] of the POCSO Act provides
the provision for penalizing an individual for providing False Information or
False complaints of any offense committed in accordance with the provision
mentioned in the POCSO Act. The said section states:
“22.
Punishment for false complaints or false information.—(1) Any person, who makes
a false complaint or provides false information against any person, in respect
of an offense committed under sections 3, 5, 7, and section 9, solely with the
intention to humiliate, extort, or threaten or defame him, shall be punished
with imprisonment for a term which may extend to six months or with fine or
with both.
(2)
Where a false complaint has been made or false information has been provided by
a child, no punishment shall be imposed on such child.
(3)
Whoever, not being a child, makes a false complaint or provides false
information against a child, knowing it to be false, thereby victimizing such child
in any of the offenses under this Act, shall be punished with imprisonment,
which may extend to one year or with fine or with both.”
Common
scenarios of false allegations under the POCSO Act include:
1)
Family Dispute:
The
said scenario can be understood with the help of an example. In a custody
dispute case, one parent may fabricate allegations of child abuse against the
other in order to obtain an advantage in court. Even if the accused is
ultimately shown to be innocent, such charges can have serious legal and social
repercussions for them. Another instance is that of the individual accusing his
neighbor of molesting his child but after investigation, it is concluded that
the said accusation was false and done with the intention to humiliate the accused.
The false claim results in social shame, emotional distress, legal issues, and
even public humiliation and isolation for the accused, and in the instance of a
custodial dispute the said false acquisition undermines the credibility of
genuine victims seeking justice. The said scenario persisted in the case of XXX
Vs. State of Kerala[2].
2)
Land and Property Disputes
Property
and land disputes are another area where false POCSO accusations are reported.
In such cases, the complainant may fabricate charges of sexual harassment and
implicate a minor relative in order to force the opposing party into making a
settlement offer or undermining their position in the property dispute. Such
accusations are majority reported in rural areas.
3)
Financial Extortion:
In
certain cases, the POCSO Act has been used as a means of extortion, where a
complainant files a false charge of sexual abuse with the intent of demanding
money to settle the case or withdraw the complaint. The accused is left with a
tarnished reputation and is forced to negotiate a settlement to avoid the
severe penalties associated with POCSO offenses, even if innocent.
4)Political
Rivalry:
False
allegations under the POCSO Act can also be politically motivated, where
accusations are strategically made to undermine an opponent’s credibility or
position. Political rivals sometimes resort to such tactics to gain an upper
hand in elections or to discredit an opponent in the eyes of the public.
Precedents
wherein the Hon’ble Court dealt with cases of False Allegations in POCSO Cases.
In
the case of XXX Vs. State of Kerala[3] [2024
KHC Online 692], The court stressed the need for utmost caution in
POCSO cases involving allegations of sexual abuse against fathers, especially
when it comes to custody issues. The Court noted that even though every case
needs to be handled carefully, these situations call for extra caution because
of their grave consequences and if the accusations are accurate, they signify
serious wrongdoing but if they are untrue then the accused’s reputation and social
status may suffer greatly. Thus, in cases involving custody disputes, the court
has an obligation to prevent false charges from being made.
In
the case of Aravind Vs. State of Kerela[4],
The court highlighted the misuse of the POCSO Act, wherein in the said case the
victim exploited the provisions of the POCSO Act which resulted in the wrongful
arrest and imprisonment of two petitioners for attempting to protect their
sister. The victim (I.e. the Sister) later retracted her accusations, admitting
that her motive for filing the complaints was to seek revenge against her
brothers. The Honorable Court noted that such instances raise concerns about
accountability for false complaints made by minors since Section 22(2) of the
POCSO Act protects minors from punishment for filing false claims. The court
questioned who would compensate the petitioners for their wrongful
imprisonment, emotional distress, and suffering, calling for a thorough
examination and resolution of such issues.
In
the case of Sasabindu Ghosh vs The State Of West Bengal[5],
The court referred to Section 22(1) of the POCSO Act and observed the said case
as the best example of misuse of judicial process for harassment and defamation
of the accused since in the said case the father, as the complainant,
wrongfully victimized his minor daughter to falsely accuse the appellant who
was charged for committing a heinous offense which was punishable in accordance
to a provision mentioned in Section 376(2)(I) read with Section 511 of Indian
Penal Code, 1860 and Section 8 read with Section 18 and Section 10 of the POCSO
Act.
In
the case of Veerpal @ Titu v. State[6],
The court emphasized that, while a wrongful acquittal affects public faith, a
wrongful conviction is far more damaging. In light of this, the court granted
the appeal, citing contradictions in the victim’s testimonies and her
unwillingness to undergo an internal medical examination without sufficient
reasons in addition to acquitting the appellant and noting “serious flaws and
gaps” in the prosecution’s case, Justice Anoop Kumar Mendiratta stressed that
even unfounded allegations of child abuse can cause a person to live with a
permanent social stigma that can be more upsetting than the trial and jail
itself. The court stressed that, in certain cases, the social stigma associated
with being wrongly accused of child abuse might be more upsetting than the
difficulties of going to trial and being imprisoned.
The cases demonstrate the critical need for caution in handling POCSO Act
allegations, particularly where custody disputes or personal revenge may be
involved.
Judicial
Ramifications against False Allegations Under POCSO Act:
In
the case of Union of India v. State of Maharashtra & Ors.[7],
the court decided that in cases of false claims and FIR, the court can initiate
proceedings under Section 482[8] of
CrPC.Thus, by invoking this provision, the judiciary can quash frivolous cases,
safeguard innocent individuals, and ensure that justice is served, maintaining
the integrity and efficiency of the legal system. In Pancchi v. State
of U.P.[9],
the court emphasized that a child witness’s testimony should be scrutinized
carefully, as children can be easily influenced or coerced by others. The
prosecution often relies heavily on the child’s statement, which may wrongfully
incriminate an innocent person. While an accused under the POCSO Act is
presumed innocent until proven guilty, society tends to view them differently
due to the serious nature of child abuse cases. Allegations alone can damage a
person’s reputation, as there is a societal tendency to presume guilt even
before the trial concludes and a verdict is delivered. The said decree protects
individuals from wrongful convictions by recognizing the vulnerability of
children to influence, while balancing justice for the accused and safeguarding
the integrity of legal proceedings. Further, In the case of State
Vs. Karnail Singh & Another[10],
the court ruled that while Section 22 of the POCSO Act protects children from
legal action if they file false complaints or provide false information, this
protection does not extend to false testimony in court. If a child, or someone
who was a child during the offense but is now an adult, gives false evidence or
fabricates it during judicial proceedings, they can still face legal
consequences, including imprisonment of up to 7 years. The court emphasized
that Section 22 does not shield a child witness from being held accountable for
false statements made under oath. This promotes truthfulness in legal
proceedings, upholds the integrity of the justice system, and discourages
misuse of protective provisions under the POCSO Act. Further, In XXX
Vs. State of Kerala[11] [2024
KHC Online 692], the court ruled that POCSO courts must take action if a
false complaint or false information is found. If the accused proves a false
accusation during the trial, the court should direct the police to register a
case under Section 22 of the POCSO Act and proceed
accordingly. This ensures that justice is served, protects the innocent from
wrongful prosecution, and deters misuse of the law, maintaining the integrity
of the judicial process. In N.
Chandramohan vs. The State[12] the court ruled that the second
respondent must face consequences for filing a false complaint against her
husband, using her daughter as a tool. The court directed the police to take
action under Section 22 of the POCSO Act. The judgment serves
as a warning against misusing the law for selfish motives.
The
rulings in these cases highlight the judiciary’s commitment to balancing the
protection of children under the POCSO Act with ensuring that
the law is not misused for false accusations. Courts have reinforced that while
the Act safeguards children, those who file false complaints or give false
testimony will face consequences under Section 22. This approach
promotes truthfulness, upholds justice, and protects innocent individuals from
wrongful prosecution. It also sends a clear message that the legal provisions
are intended for justice, not for settling personal scores or pursuing
malicious intent.
Consequences
for Victims of False Allegations
In N.
Chandramohan vs. The State[13],
the Court emphasized that the purpose of the POCSO Act is to protect children
from sexual offenses. The Act includes a legal presumption of guilt once
prosecution begins, placing the burden of proof on the accused to show they
lacked criminal intent. The Court noted that prosecution under the POCSO Act
carries severe consequences, including harsh penalties and significant social
stigma, often leading to the accused being ostracized from society and the
society views allegations under the POCSO Act differently, often presuming guilt
before the trial is completed or a judgment is issued. In POCSO cases, arrests
can be made immediately after a complaint is filed, leading to situations where
innocent individuals may suffer due to false accusations. After an arrest is
made, the reputation of the accused often becomes irreparably damaged. There’s
a common belief that parents of the victim would only make such allegations
with full awareness of their situation. However, this does not necessarily mean
that all allegations are truthful. Laws form the foundation of any society’s
system. When they start being misused for personal vendettas, it becomes
essential to amend the statute to differentiate between false allegations and
legitimate ones. The Honorable Court in the case of Sushil Kumar Sharma
v. Union of India[14],
has rightly held, “By the misuse of the provision, a new legal terrorism is
unleashed. The provision is intended to be used as a shield and not an
assassin’s weapon.”The Court ruled that even though a provision is
constitutional and legally valid, it cannot be used by dishonest individuals to
pursue personal vendettas or harass others. The judiciary must handle such
cases within the current legal framework until the legislature addresses the
issue of false accusations.
Conclusion:
False
allegations under the POCSO Act present a significant
challenge to the justice system. While the Act is crucial for safeguarding children
from sexual offenses, its stringent provisions can be misused by individuals
with malicious intent. False complaints not only harm the accused, subjecting
them to social stigma, emotional distress, and legal battles, but they also
undermine the integrity of the legal process. Such misuse diverts attention
from genuine victims and diminishes the public’s trust in the law.
Courts
have recognized this issue and taken steps to address it. Several judgments
emphasize that while the POCSO Act protects children, it does not shield
complainants or witnesses from the consequences of false allegations.
Provisions like Section 22 ensure that individuals who misuse
the Act face legal repercussions, serving as a deterrent against false
accusations.
To
maintain the Act’s effectiveness, the judiciary must carefully scrutinize
allegations, balancing the protection of children with safeguarding innocent
individuals from wrongful prosecution. Education and awareness about the
seriousness of false complaints are essential to curb misuse. Ultimately, the
integrity of the POCSO Act can only be preserved through fair enforcement,
ensuring justice for both victims and the wrongfully accused.
References:
- Kumar, S. (n.d.). False accusations in child abuse cases
are more distressing than trial and incarceration. B&B Associates
LLP. https://bnblegal.com/news/false-accusations-in-child-abuse-cases-more-distressing-than-trial-and-incarceration/.
- Standard, B. (2024, April 18). Victims’ false depiction as
minor under POCSO abuse of process of court: HC. Business
Standard. https://www.business-standard.com/india-news/victims-false-depiction-as-minor-under-pocso-abuse-of-process-of-court-hc-124041701072_1.html
- Manupatra Academy.
Misuse_of_Provisions_of_the_POCSO_Act_in_Divorce_Proceedings.
(n.d.). https://manupatracademy.com/legalpost/misuse-of-provisions-of-the-pocso-act-in-divorce-proceedings#11
- (2024, June 15). What are the steps to prove false
allegations under the POCSO Act? Tripaksha Litigation. https://tripakshalitigation.com/how-to-prove-false-allegations-under-pocso-act/
- User Handbook on Protection of children …, https://www.pmc.gov.in/sites/default/files/69301171.pdf (last
visited Oct 8, 2024).
- Implementation of POCSO act, Press Information Bureau, https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1945850 (last
visited Oct 8, 2024).
- Srinjoy Das, Calcutta High Court directs inquiry against
complainants for filing false pocso case against accused who spent almost
a year behind bars Live Law (2024), https://www.livelaw.in/high-court/calcutta-high-court/calcutta-high-court-directs-enquiry-against-complainant-for-filing-false-pocso-case-against-accused-270644 (last
visited Oct 8, 2024).
- Ayush Kumar, POCSO act as a weapon in the child custody:
Battlefield damaging the father-daughter relationship CRC CNLU, Patna
(2022), https://www.crc.cnlu.ac.in/post/pocso-act-as-a-weapon-in-the-child-custody (last
visited Oct 8, 2024).
- Remembrance, India Law Journal, https://www.indialawjournal.org/a-critique-on-protection-of-children-from-sexual-offences-act.php (last
visited Oct 8, 2024).
- Sudip Das et al., Sexual abuse in children and relevance of POCSO
Act report of four cases Indian Journal of dermatology (2020), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6986118/ (last
visited Oct 8, 2024). s
[1] Section 22, Protection Of Children from
Sexual Offences Act,2012.
[2] XXX Vs. State of Kerala, 2024 KHC Online 692.
[3] XXX Vs. State of Kerala,2024 KHC Online 692.
[4] Aravind Vs. State of Kerela,BA Nos 5168 and
5425 of 2024.
[5] Sasabindu Ghosh vs The State Of West Bengal,
C.R.R. 213 of 2018.
[6] Veerpal @ Titu v. State, Criminal Appeal No.
223 of 2023.
[7] Union Of India vs. State of
Maharashtra,(2020) 4 SCC 761.
[8] Section 482, Code of Criminal Procedure,1973.
[9] Pancchi v. State of U.P.,[1998] INSC
423.
[10] State
Vs. Karnail Singh & Another,
[11] XXX Vs. State of Kerala,2024 KHC Online 692.
[12] N.
Chandramohan vs. The State, Crl. O.P. No. 21414 of 2019.
[13] N.
Chandramohan vs. The State, Crl. O.P. No. 21414 of 2019.
[14] Sushil Kumar Sharma v. Union of India,(2005)
6 SCC 281.
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