Delhi HC: Child Protection Laws Cannot Be Misused for Vendetta

The Delhi High Court has delivered a significant judgment clarifying that child protection laws, particularly under the POCSO Act, cannot be exploited for personal vendetta in matrimonial disputes. The ruling comes in a case where a woman attempted to implicate her in-laws in a child sexual abuse case involving her estranged husband. Background of the Case The case originated in 2020 , when the woman lodged an FIR against her husband and her daughter’s cousin, accusing them of sexually assaulting her minor daughter. The FIR invoked several provisions: IPC Section 354 – Outraging modesty IPC Section 376DB – Gang rape of a girl below 12 years POCSO Section 6 – Aggravated penetrative sexual assault POCSO Section 10 – Aggravated sexual assault POCSO Section 12 – Sexual harassment of a child Additionally, the woman herself was charged under POCSO Section 21 for failing to promptly report the offence, but the Delhi High Court set aside this charge in 2023. Tri...