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SC: POCSO Act Cannot Be Misused in Matrimonial and Child Custody Disputes

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Summary

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  • The Supreme Court has ruled that the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) cannot be misused in matrimonial and child custody disputes, emphasizing the need for safeguards against false allegations.
  • In the case of ‘R’ v. ‘E’ & Anr., the Court highlighted that genuine claims must be protected while preventing misuse for strategic advantages in custody battles.
  • The ruling mandates careful scrutiny and expert involvement in investigations where POCSO allegations arise amid parental conflict, ensuring children's welfare remains paramount.
  • This landmark judgment aims to balance protecting children from abuse with safeguarding parents from unwarranted accusations, reshaping how such cases are handled legally.

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