Allahabad HC Expresses Concern Over False POCSO and SC/ST Act Complaints for Monetary Gain

The Allahabad High Court has expressed concern over the growing trend of women filing allegedly false complaints under the Protection of Children from Sexual Offences Act (POCSO Act) and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act) with the intention of extracting money from the government.

A single bench of Justice Shekhar Kumar Yadav remarked that such baseless complaints are aimed at tarnishing the reputation of innocent individuals in society and exploiting the state financially.

“Regrettably, there is an increasing occurrence of unfounded FIRs under the POCSO and SC/ST Acts against innocent individuals, causing harm to their societal standing, merely for the purpose of securing funds from the government. It is disheartening to observe that, in numerous instances, women are employing this tactic as a means to extract money, which necessitates immediate cessation,” the bench noted.

The court also emphasized that both the Central and State governments must display heightened sensitivity to the escalating instances of sexual violence.

“Considering the widespread and ever-growing prevalence of such acts of sexual violence, it is imperative that the State of U.P. and the Union of India acknowledge the gravity of this pressing matter,” the court emphasized.

The observation was made while hearing an anticipatory bail plea from a man who was accused of rape in 2011.

The applicant counsel argued that the First Information Report (FIR) was filed in 2019, approximately eight years after the alleged incident, with no justification for the delay provided. The defense further contended that the victim herself admitted to engaging in a consensual physical relationship with the applicant, suggesting her voluntary participation. Moreover, the complaint under the POCSO Act should not apply as the woman was above 18 years of age.

The court observed material inconsistencies in the victim’s statements recorded under Sections 161 and 164 of the Code of Criminal Procedure (CrPC).

“The FIR claims that the applicant engaged in a physical relationship with the victim in 2012, whereas the victim stated in her statement under Section 161 Cr.P.C. that the incident occurred in 2013,” the bench noted.

Based on these observations, without expressing any judgment on the case’s merits and considering the applicant’s circumstances and history, the court granted him anticipatory bail.

Furthermore, the court called for potential criminal action against the complainant if it is determined that the allegations are false.

“Under these circumstances, if it is established that the victim filed a false FIR, an inquiry under Section 344 Cr.P.C. shall be initiated against her for initiating criminal proceedings. Additionally, if the state provided any monetary assistance to the victim, the same shall be reclaimed from her,” the court directed.