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Picture Courtesy: THE HINDU

Context

The Supreme Court has raised serious concerns about growing misuse of the Protection of Children from Sexual Offences (POCSO) Act 2012.

What is the POCSO Act?

The POCSO Act was India’s first comprehensive law focused solely on preventing and punishing sexual crimes against children. 

It aligns with India’s obligations under the UN Convention on the Rights of the Child and defines a child as anyone under 18 years of age.

Key provisions include

Definition of Child: Any person below the age of 18 years.

Gender Neutrality: Protecting both male and female children from any gender.

Categories of Offences:

Penetrative Sexual Assault.

Non-Penetrative Sexual Assault.

Sexual Harassment.

Child Pornography (including creation, possession, or distribution).

Age of Consent: Explicitly set at 18 years, criminalizing all sexual activity below this age, regardless of consent between minors.

Mandatory Reporting: Any person in charge of an institution or having knowledge of an offense must report it, with non-reporting being a crime.

Child-Friendly Procedures: Emphasizes child-sensitive procedures throughout investigation and trial.

Confidentiality of Identity: Forbids disclosure of the victim's identity in any media without court authorization.

Time-Bound Trials: Mandates completion of investigation within two months and trial within one year from FIR registration.

Stringent Punishments: Amendments in 2019 introducing provision of death penalty.

Supreme Court’s Concern: The Issue of Misuse

In November 2025, the Supreme Court expressed concern over the "growing misuse" of the POCSO Act, noting its use as a retaliatory tool in consensual adolescent relationships and marital disputes.

Courts note many teenage boys face criminal charges for consensual relationships with girls of similar age due to family disapproval. 

Reasons Behind the Alleged Misuse of the POCSO Act

Consensual adolescent relationships

Since the law treats anyone under 18 as a child, even consensual physical relationships between teenagers are criminalized. Parents often file cases out of disapproval—especially in inter-caste, inter-religious, or elopement scenarios.

Marital and custody conflicts

In bitter divorces or custody battles, one parent may use POCSO allegations to discredit the other or influence court decisions for Child custody.

Personal or financial motives

False accusations are sometimes used for revenge, property disputes, or extortion.

Lack of awareness

Many individuals, including adolescents and parents, lack adequate understanding of the POCSO Act's provisions and severe consequences.

Consequences of Misuse

Impact on the accused: Those falsely charged face arrest, social stigma, mental trauma, and financial strain, even if eventually acquitted.

Impact on genuine victims: Misuse erodes trust in the law, making it harder for real victims to seek justice.

Impact on the justice system: False cases overload courts and delay genuine ones. By 2022, pending POCSO cases had surged by over 217% since 2015, exceeding 2.26 lakh.

According to the National Crime Records Bureau (NCRB) 2023, India recorded over 1,77,335 crimes against children, with POCSO cases making up more than one-third. 

Way Forward

Awareness and education: Legal and sexual education in schools can help adolescents understand consent and consequences.  

Improved investigations: Police officers need better training to identify false or motivated cases and handle genuine ones with sensitivity.

Judicial vigilance: Courts should carefully assess whether an allegation truly falls under the POCSO framework before proceeding.

Strict action against false complaints: Section 22 of the Act allows punishment for malicious complaints—this must be applied rigorously.

Legislative clarity: Parliament and courts should release guidelines for consensual adolescent relationships, through “guided judicial discretion.”

Legal aid and counseling: Both alleged victims and accused individuals should have access to professional counseling and legal support.

Stakeholder training: Police, judges, social workers, and child welfare committees should receive training to balance compassion with caution.

Community dialogue: Engaging families and communities in discussions around consent, respect, and relationships can help reduce the social triggers of misuse.

Conclusion

The POCSO Act is crucial for child protection but is vulnerable to misuse, as noted by the Supreme Court. To uphold its purpose and prevent misuse, fair application requires public awareness, thorough investigations, and careful judicial discretion.

Source: THE HINDU