Supreme Court mandates psychiatric review before arrest in marital Pocso cases
The Supreme Court ordered police and courts to obtain a child-psychiatrist assessment before arresting a parent in Pocso complaints arising from marital disputes, unless clear evidence exists.
In a recent judgment, Justices JB Pardiwala and KV Viswanathan instructed law enforcement and the judiciary to verify Pocso allegations made by one parent against the other through a child-psychiatrist or clinical psychologist before any arrest, provided the material against the accused is not “palpable.” The directive stems from a Bengaluru case where a mother’s claim under the Pocso Act was found false after the CBI and NIMHANS experts examined the child’s testimony.
The court ordered the investigating officer or the Special Juvenile Police Unit to engage an expert from the District Child Protection Unit or the District Legal Services Authority for an interview with the child victim. A written report from the expert will guide police decisions, though it will not be binding. The safeguard is limited to situations where the accused resides with the child and a matrimonial dispute exists, and it does not affect ongoing trials or established procedures of the Child Welfare Committee.
Why it matters
It aims to prevent misuse of child-protection laws in custody battles, protecting both children and accused parents.
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