SC Orders Safeguards Against Pocso Act Misuse in Marital Disputes
9 Articles
9 Articles
SC flags ‘false’ POCSO cases in marital disputes, bars immediate arrest of accused parent
The Supreme Court has stressed the need for cautious evaluations prior to immediate arrests under the POCSO Act. They underscored the crucial role of expert child assessments when parents are under scrutiny. In matrimonial conflicts, police are urged to confirm relationships before making arrests. The court expressed concern over the rising incidents of false allegations in family disputes, highlighting the importance of in-depth investigations …
SC flags misuse of POCSO in custody battles, lays down safeguards before arrest
The Supreme Court has laid down safeguards for select POCSO cases arising from matrimonial disputes. It said the steps are needed to prevent misuse of the law and protect children from further trauma.
SC Directs No Immediate Arrest In POCSO Cases Involving Parents Amid Matrimonial Disputes
The Supreme Court has issued a landmark directive against immediate arrests in Protection of Children from Sexual Offences (POCSO) Act cases where the accused is a parent or family member living with the child, and a matrimonial dispute exists. The ruling mandates psychological evaluation of the child by experts before police or courts form an opinion to arrest, aiming to prevent the misuse of the law in estranged couple cases.
POCSO cases in matrimonial disputes: Supreme Court sets safeguards against misuse, mandates expert assessment before arrest
A bench of Justice JB Pardiwala and Justice KV Viswanathan issued the directions while quashing an FIR alleging sexual abuse of a minor girl by her father
SC lays down safeguards to prevent misuse of POCSO Act in matrimonial, custody disputes - OrissaPOST
New Delhi: The Supreme Court has laid down a set of safeguards to prevent the misuse of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in matrimonial and child custody disputes, cautioning that false allegations can cause irreparable harm to an accused parent while also adversely affecting custody proceedings. A bench of […]
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