Kerala High Court flags misuse of POCSO Act, asks who will compensate those falsely accused

The Kerala High Court recently expressed concern over the misuse of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) while dealing with a case where a girl admitted to having filed a false complaint against her cousin-brothers out of anger..Justice CS Dias observed that the case raised a serious question as to who will be held responsible for such false complaints, more so when the POCSO Act insulates minor complainants from any punishment for giving false information."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?" the Court remarked. The Court acknowledged that the POCSO Act was a revolutionary legislation enacted to secure the safety, security, and protection of children."However, in recent times, there have been instances of misuse of the legislation, as evidenced in the cases on hand. 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 added.The Court proceeded to leave it to the State to come up with measures to curb 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, checks, I leave it to the best wisdom of the State to determine and implement appropriate safeguards, checks, drawing upon the principles laid down in the landmark decision in Arnesh Kumar (supra)," the Court said..The Court was dealing with bail applications filed by two brothers who had been jailed for two months after their 17-year-old cousin accused them of molesting her.In a complaint filed earlier this year, the complainant (then a minor) claimed that in August 2017, while she was in the sixth grade, one of her cousins committed penetrative sexual assault on her. She also claimed that she was molested by both her cousins in February and March 2023.The accused cousins asserted that the allegations against them were false. Later, the complainant (now a major) herself filed an affidavit before the Court informing that she had levelled false allegations out of anger because her cousin-brothers had objected to a relationship between her and her classmate. The Court was told that the accused brothers had informed the complainant's mother about the girl's affair. As a result, her schooling was halted. Out of anger and vengeance, the girl accused her cousins of having molested her, the Court was told. The girl added that she did not realise that her cousin-brothers may be arrested and that the matter would become so serious. She stated that her cousins were innocent and that the allegations she made earlier were false. The complainant's parents told the Court they were unaware of the false complaints until the police came to their residence..The Court observed that this case was a reminder of how false cases impact the lives of 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 said. The Court proceeded to urge the authorities to be careful before making arrests under the POCSO Act, especially in cases where the allegations are made against blood relatives. "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 an emotional turmoil, may make unfounded allegations against her own family members without fully realising the implications, gravity and seriousness of the action. In such sensitive cases, it is imperative that all stakeholders, including the Courts and the Police, approach the matter with sensitivity, care and caution before resorting to extreme steps in the matter," the Court said, while 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.Advocates Bibin Varghese and Megha K Xavier represented other respondents..[Read Order]