New Delhi: A Delhi court has levied a fine of Rs 1 lakh on a woman who filed a false complaint, alleging sexual assault against her five-year-old daughter. The court, presided over by additional sessions judge Susheel Bala Dagar, found that the complainant misused the POCSO Act to settle an alleged property dispute instead of exploring alternative remedies.
Misguided Use Of POCSO Act
The court emphasized that the woman, in a fit of anger and to escape daily quarrels, resorted to making a false complaint, misguiding both the authority of the law and its executing agency. The complaint was deemed an attempt to extort property from the accused, reflecting a misuse of the POCSO Act.
The ruling highlighted that the woman's actions not only constituted misuse of the POCSO Act but also attempted to exploit the criminal justice system. The court noted a concerning trend where individuals register fictitious POCSO cases under various pretexts such as land disputes, marriage issues, personal grudges or political motives, undermining the legislative purpose.
Expressing concern over the growing misuse of legislation, the court stressed the need for a vigilant stance against this menace. It emphasized the importance of discerning false allegations without compromising justice for victims or alleged perpetrators.
Section 22 Of POCSO Act As A Safeguard
The court highlighted Section 22 of the POCSO Act, which penalises false complaints or information, as a safeguard against misuse. It underscored the prevalent problem of misusing stringent legislation for personal motives and recognised the need to address this issue within the legal system.
As a consequence, the woman is required to pay the fine within one month. Failure to comply will result in a three-month simple imprisonment. The court's decision aims to curb the misuse of legal provisions and maintain the integrity of the justice system.