Misuse of the POCSO Act: False Accusations and Legal Ramifications

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Published On: 24th November, 2024

Authored By: Sudeep Dilip Kothavade

Chhatrapati Shivaji Maharaj University

“In my opinion, the intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalize consensual romantic relationships between young adults.”

                     -Justice Jasmeet Singh

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:

[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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