POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
8 months, 1 week ago

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC

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The Kerala High Court has cautioned the Police officers as well as Courts to be vigilant against people with ill motivations who misuse the provisions of Prevention of Children from Sexual Offences Act to settle personal scores. Even in matrimonial disputes, it said, minor children are used for alleging POCSO offences so the father of the child would not get custody. The Court held that the offence of uttering obscene words in public under Section 294 of the IPC would not stand as the place of occurrence is the courtyard of victim's house. On the allegation of showing sexual gestures with tongue, the court noted that the prosecution has not disclosed what the gesture is and said it is unable to examine whether it was done with a sexual intent or to outrage the modesty or intrude upon the privacy of the victim.

History of this topic

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