Supreme Court: POCSO Allegations Must Not Be Misused in Matrimonial and Custody Conflicts

Criminal allegations and procedural steps

In March 2024 an FIR registered on the mother's complaint accused the father and family members of offences under Section 10 of the POCSO Act, provisions of the Juvenile Justice Act, and various IPC sections alleging sexual harassment of the child and physical and verbal mistreatment. The child's statements were recorded and a medical examination was carried out.

Given the sensitivity, the Supreme Court first required the investigation to be conducted by a senior woman police officer (not below the rank of Assistant Commissioner of Police) and ordered that the child be examined by a panel of doctors. The matter was later transferred to the Central Bureau of Investigation in April 2026.

CBI investigation and specialist assessments

• Mental-health evaluation: detailed psychiatric and psychological assessment of the child that examined disclosure history, relationships with parents and family, possible origins of allegations, inconsistencies, behavioural indicators, family dynamics and effects of prolonged litigation and repeated discussions about the allegations.

CBI conclusion and Supreme Court decision

The specialist investigation concluded the allegations were not made out and that the case was not fit for prosecution. The Supreme Court accepted the CBI report, held that continuing criminal proceedings would amount to a gross abuse of process, and quashed the FIRs under the POCSO Act and other provisions.

Court's stance on misuse and child welfare

The Court's judgment expressed deep concern about the use of POCSO allegations as tactical weapons in matrimonial and custody disputes. It noted substantial harm to the child when parents' acrimony escalates into sexual-abuse allegations, including trauma and potential long-term damage to the parent-child relationship. The Court also acknowledged the lasting humiliation and social consequences for a parent falsely accused.

While cautioning against misuse, the Court reiterated that genuine allegations of child sexual abuse must receive full legal protection. To strike a balance, it laid down safeguards applicable in specified cases where allegations involve a parent or family member amid matrimonial discord. In this case the combination of a focused investigative process, expert psychological assessment, forensic evidence review and the CBI report led the Court to quash the criminal proceedings.

What this means for similar disputes