# SC lays down safeguards against POCSO misuse in custody fights 2026-09-24T15:46:26+00:00 | Governance | Indian Opinion Desk Corroboration: 3 independent outlets The Supreme Court has issued guidelines to prevent the misuse of the POCSO Act in matrimonial disputes, ruling that there shall be no immediate arrest of a parent or family member accused of sexual assault if a matrimonial dispute exists between the child's parents. A bench of Justice JB Pardiwala and Justice KV Vishwanathan directed that a psychological or psychiatric evaluation of the child by experts is mandatory before police or courts order an arrest in such cases. The court quashed an FIR lodged by Bengaluru police in 2024 against a father after a CBI probe found the allegations unreliable. The safeguards apply only when two conditions are met: the POCSO allegation is against a parent or family member living in the same house, and a matrimonial dispute exists between the parents. The court said the POCSO Act is not meant for settling scores, and that false accusations cause irreparable harm to the accused and trauma to the child. The guidelines were based on suggestions from NIMHANS experts. The court clarified the safeguards do not apply to all POCSO cases and do not dilute the investigation. ## Indian Opinion Analysis All three sources report the same facts from the Supreme Court verdict, but framing differs subtly. Deccan Herald leads with the quashing of a specific FIR, emphasising the outcome, while India Today and Rediff lead with the broader guidelines against immediate arrest and the misuse trend. Rediff uses the phrase 'rising menace of false sexual-assault complaints,' which leans sensationalist, while India Today calls it an 'alarming trend,' a more measured judicial quote. None of the sources report any counter-framing from child rights advocates who might argue the guidelines could discourage legitimate complaints. The key to watch is how police and child welfare committees implement the mandatory psychological evaluations in practice. ## Coverage - deccanherald.com (neutral report) Leads with the specific case quashed, no editorialising. - indiatoday.in (neutral report) Quotes court extensively, uses term 'alarming trend' from judgment. - rediff.com (sensationalist) Headline and lead use 'rising menace of false complaints' framing. Tags: Bengaluru, Justice JB Pardiwala, Justice KV Vishwanathan, NIMHANS, POCSO, Supreme Court Canonical: https://indianopinion.org/supreme-court-lays-down-safeguards-against-pocso-misuse-in-custody-fights/ License: Summary and commentary (c) Indian Opinion, reusable with attribution. Facts belong to the linked sources. Cite: https://indianopinion.org/supreme-court-lays-down-safeguards-against-pocso-misuse-in-custody-fights/#story-in-brief