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 the heinous nature of such offences.
- Justice Sachin Datta dismissed a petition from an accused individual seeking to quash the case based on a settlement, stating that "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 during matrimonial disputes.
- Justices J B Pardiwala and K V Viswanathan directed that mandatory psychological or psychiatric evaluations of the child by experts must occur independently before police or courts form an opinion to arrest a family member.
- To prevent the "rising menace" of false sexual assault complaints in matrimonial disputes, the court noted that hasty arrests cause "irreparable harm" to accused parents or family members even if they are later exonerated.
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The Supreme Court has mandated that in specific POCSO cases involving divorce and custody disputes, the police should immediately conduct a psychological assessment of the child before arrest. According to the court, this step is intended to reduce the pressure on the child, prevent irreparable harm from false allegations, and assist the investigating officer in making a balanced decision.
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.
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