On July 16, 2012, the Government of India introduced the Protection of Children from Sexual Offences Act, popularly known as the POCSO Act. They further notified it on November 14 of the same year as a result of India’s response to the United Nations Convention of the Rights of the Child, which was signed by India in 1992.
This act gives comprehensive legislation to all forms of sexual assault and violence against children (defined as a person below the age of 18 years) and also child pornography.
It gives child-friendly legal processes, special courts, time-bound trials, and rehabilitation for victims.
Even though its purpose is laudable, the abuse of the POCSO Act has also caused significant concerns wherein baseless cases are filed for vendetta or economic reasons.This blog explains the law, the misuse patterns, important case laws, and legal remedies available to the falsely accused.
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Understanding POCSO Act and Its Amendments
Duty of Hospitals Under POCSO
The POCSO Act provides that no hospital in India, whether public or private, can deny treatment to a victim of child sexual abuse. Section 357C of the Criminal Procedure Code (CrPC) and Section 166B of the Indian Penal Code (IPC) provide for immediate free first aid or medical treatment.
In cases where expenses arise, the District Legal Services Authority (DLSA) may be directed to cover the costs.
POCSO Act Rules, 2020
The Government of India notified the Protection of Children from Sexual Offences Rules, 2020 on 9th March 2020, enhancing penalties and providing for expeditious enforcement of victim rights under the 2012 Act.
The Growing Concern: Misuse of POCSO Act
While the law has served as a critical shield for vulnerable children, false cases under POCSO Act have been increasingly reported across India.
Common Reasons for Filing False POCSO Cases
- Family or land disputes
- Personal grudges or political rivalry
- To coerce marriage or break relationships
- To harass and extort compensation from wealthy individuals
The National Crime Records Bureau (NCRB) 2021 report revealed that in 96% of the cases under the POCSO Act, the accused was known to the victim, with 48.66% being friends or romantic partners. Unfortunately, this familiarity sometimes results in false accusations arising from family pressure or personal disputes.
Consequences of False Cases
The strict provisions of the POCSO Act make getting bail very difficult. In false cases:
- The accused may remain in jail for extended periods before trial.
- Even after acquittal, the accused suffers severe mental, social, and financial trauma.
- The stigma often continues long after the legal ordeal ends.
Misuse of Compensation Provisions
Under Section 33(8) of the POCSO Act, special courts can award compensation to child victims for physical or mental injuries and rehabilitation. Sadly, there have been cases where:
- Families file false complaints solely to claim compensation.
- Wealthy individuals are targeted as defendants with the motive of financial extortion.
Police Misuse of Statements (Section 161 CrPC)
In some instances, law enforcement has been accused of:
- Recording statements of non-witnesses to falsely implicate or shield individuals.
- Manipulating names of accused persons during investigation.
Such misuse severely affects innocent individuals who may be falsely drawn into legal battles.
Case Law: Ajay Yadav vs. State of U.P. & Others
The Allahabad High Court, in the case of Ajay Yadav vs. State of U.P. and 3 Others, dealt with the increasing abuse of the POCSO and SC/ST Acts. The Court severely condemned the practice of registering false FIRs to extort money from the State and ruin reputations
Key Observations of the Court:
- The FIR filed by the victim had significant delays without proper explanation.
- The accused argued that he was falsely implicated purely for harassment.
- The Court ordered that if the FIR is proven false after investigation, action should be taken under Section 344 CrPC against the complainant for filing false evidence.
- Additionally, any compensation already paid by the State should be recovered from the victim.
This case sets a powerful precedent and provides hope to those falsely accused under the POCSO Act.
Legal Remedies for the Falsely Accused
If you or someone you know is facing a false POCSO case, immediate legal action is essential:
- Seek anticipatory bail at the earliest from a competent court.
- Engage an experienced criminal defence lawyer who specialises in POCSO matters.
- Collect evidence (CCTV footage, call records, messages) to prove innocence.
- Approach High Court for quashing of FIR under Section 482 CrPC if it is evidently false.
- If proven fake, move for action against the complainant under Section 344 CrPC.
Conclusion
The Protection of Children from Sexual Offences Act, 2012, continues to be an effective law to protect children. Yet, its stringent bail provisions and compensation clauses have at times been used to make false cases and harass innocent individuals.
If you are dealing with such a case, do not wait. Contact an experienced legal professional immediately. Lead India offers free legal advice and assistance for anyone falsely accused under the POCSO Act or facing fake FIR charges.
One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can a false case be filed under the POCSO Act?
Yes, false cases have been reported, often due to family disputes or personal enmity.
2. What is the legal remedy for false POCSO charges?
You can seek anticipatory bail, apply for FIR quashing, and file action under Section 344 CrPC for false evidence.
3. Does the police misuse Section 161 CrPC in POCSO cases?
There have been reported instances where police manipulation of witness statements has led to false implications.
4. What was the observation in Ajay Yadav vs. State of U.P.?
The Allahabad High Court condemned fake FIRs under POCSO as a method of extorting money and harming reputations.
5. Can compensation be claimed in false POCSO cases?
No, if proven false, any compensation awarded must be recovered from the complainant as per court direction.
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