SC orders safeguards against Pocso Act misuse in marital disputes
The bench said police must verify matrimonial discord and obtain expert child evaluation before arresting a parent or family member.
- On September 22, 2026, the Delhi High Court held that proceedings under the Protection of Children from Sexual Offences Act cannot be quashed based on a compromise between victim and accused, citing these offences as heinous with serious societal impact.
- Justice Sachin Datta dismissed a petition from an accused individual seeking to quash a case based on settlement, stating "A settlement between the victim and the offender in such cases has no legal sanction."
- Separately, the Supreme Court ruled on Thursday that police must not make immediate arrests in POCSO cases if an alleged offence involves a parent or family member residing under the same roof amid matrimonial disputes.
- Justices J B Pardiwala and K V Viswanathan directed that mandatory psychological or psychiatric evaluations of the child by experts must occur before police or courts form an opinion to arrest a family member.
- To prevent the "rising menace" of false sexual assault complaints in estranged couple disputes, the court noted that hasty arrests cause "irreparable harm" to accused parents or family members, even if later exonerated.
19 Articles
19 Articles
The Supreme Court has issued a significant ruling regarding the misuse of the POCSO Act in marital disputes. Police will no longer be able to make immediate or routine arrests in POCSO cases filed during marital disputes.
No immediate arrest of parent if sexual assault of child alleged in matrimonial dispute: SC - The Tribune
Flagging the alarming trend of warring spouses levelling false allegations of child sexual abuse under the POCSO Act against each other to gain tactical leverage in matrimonial disputes, the Supreme Court on Thursday ruled against immediate arrest of an accused if he/she was a parent/family member.
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.
POCSO cases can't be settled by survivor, family: Delhi HC
New Delhi: The Delhi High Court has ruled that criminal cases concerning sexual offences against children cannot be settled by the survivor or her family, saying these are heinous offences having a serious impact on society. Justice Sachin Datta passed the order while dealing with a petition by an accused facing trial under the POCSO … Get the latest updates in Hyderabad City News, Technology, Entertainment, Sports, Politics and Top Stories on W…
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