"Who Will Compensate Them?": Kerala HC Raises Concern Over Misuse Of POCSO Act

The Kerala High Court has voiced serious concerns about the misuse of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) while dealing with a case where a young girl admitted to filing a false complaint against her cousin-brothers out of anger.

The Single-Judge Bench of Justice CS Dias, while granting bail to the two brothers who had been imprisoned for two months, questioned the lack of accountability for false complaints under the POCSO Act, which protects minor complainants from punishment for providing false information.

"What wrong have the petitioners done, and who is to compensate them for their wrongful confinement, mental agony, trauma, and pain they have endured?" the Court remarked, emphasizing the need for the State to implement measures to prevent misuse of the POCSO Act.

The case revolved around a 17-year-old girl who had accused her cousins of molesting her, leading to their arrest. However, the complainant, now an adult, later admitted to the Court that she had made false allegations out of anger after her cousins objected to her relationship with a classmate. The girl's affidavit revealed that she had not anticipated the severe consequences of her actions, including the arrest of her cousins. Her parents also informed the Court that they were unaware of the false complaints until the police intervened.

The Court said, "These applications highlight the plight of the so-called predators in the present crimes, who have become the actual victims of an orchestrated act of retribution by the so-called victim, and it demonstrates the perilous consequences that can arise due to the false accusations made by a victim."

The Bench expressed concern over the potential damage caused by false allegations and urged authorities to exercise caution before making arrests, especially in cases involving blood relatives. It highlighted the need for sensitivity and diligence in handling such delicate matters to avoid unjust outcomes.

"The present cases serve as a reminder to all stakeholders involved in the judicial process, to exercise due caution, prudence and diligence prior to arresting an accused, especially, blood relatives and family members of a minor victim, who in a moment of an emotional turmoil, may make unfounded allegations against her own family members without fully realising the implications, gravity and seriousness of the action," the Bench said.

In such sensitive cases, the Single-Judge Bench said, it is imperative that all stakeholders, including the Courts and the Police, approach the matter with sensitivity, care and caution before resorting to extreme steps in the matter.

On perusal of the peculiar facts and circumstances of the case, and on considering the unequivocal statement of the victim, the Court said, "I am convinced and satisfied that the petitioners have made out valid grounds to enlarge them on bail.

"In the result, the applications are allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction," the Court ordered.

Cause Title: X v. State of Kerala & Anr. [BAIL APPL. NO. 5168 OF 2024]

Appearance:-

Petitioner: Advocates PM Arun Das, K Arun, CA Chacko, CM Charisma, Babu VP, Vishnu S Mullappally

Respondent: Senior Public Prosecutor CS Hrithwik, Advocates Bibin Varghese, Megha K Xavier

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