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Supreme Court warns against false POCSO claims in marital disputes, bars immediate arrest
✍️ TOI India
🗓 24 Sep 2026, 11:47 PM
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The Supreme Court cautioned that immediate arrests under the POCSO Act should be avoided in marital disputes until expert child assessments confirm allegations, citing rising false cases. It urged police to verify relationships and prioritize child welfare through in-depth investigations.
The Supreme Court observed that in matrimonial disputes, allegations under the Protection of Children from Sexual Offences (POCSO) Act are sometimes raised falsely to gain advantage, and therefore immediate arrest of the accused parent should not be the first step.
The bench emphasized that before any arrest, police must conduct expert child assessments to verify the veracity of claims, and only after such evaluation should coercive action be considered.
The court also directed law enforcement to confirm the familial relationship between the accused and the child, and to prioritize the child's welfare through thorough, child‑centric investigations rather than hasty punitive measures.
The bench emphasized that before any arrest, police must conduct expert child assessments to verify the veracity of claims, and only after such evaluation should coercive action be considered.
The court also directed law enforcement to confirm the familial relationship between the accused and the child, and to prioritize the child's welfare through thorough, child‑centric investigations rather than hasty punitive measures.