SC flags ‘false’ POCSO cases in marital disputes, bars immediate arrest of accused parent

NEW DELHI: The Supreme Court on Thursday laid down safeguards against the immediate arrest of a parent or family member accused under the POCSO Act when the alleged offence involves a child living under the same roof and there is a matrimonial dispute between the child's parents.A bench of Justices J B Pardiwala and K V Viswanathan, flagging a rise in fakecases, said police should not act in haste in such cases and directed that, as a general rule, an expert in child and adolescent psychiatry or clinical psychology should evaluate the child before authorities decide whether there is sufficient reason to arrest the accused.The court said the safeguards were necessary in cases where allegations may be influenced by a strained relationship between the parents.