Flagging the issue of false cases being filed under Protection of Children from Sexual Offences (POCSO) Act and child molestation, Mumbai Police Commissioner Sanjay Pandey has directed to file such cases only after the recommendation of Assistant Commissioner of Police (ACP) and with the permission of Deputy Commissioner of Police (DCP).
According to the directives issued on June 6, it has been observed that cases under POCSO or of molestation are being filed over old rivalry, disputes over property and money or personal reasons.
“In such cases, the accused is immediately arrested before any inquiry. If the complaint is found to be false, the accused is being discharged under section 169 of the CrPC. However the process is time consuming. The arrest tarnishes the image of the accused, who is being defamed and faces individual losses,” the directive said.
It further added that to avoid this, cases should be filed only after the recommendation of the ACP and after the permission of the DCP. Mr. Pandey has said in the directives that the DCP should also ensure that Supreme Court guidelines from the Lalita Kumari case are being followed before giving green signal. The guidelines are a set of directions to be followed by police when registration of a complaint is sought. As per these guidelines, the registration of First Information Report (FIR) is binding under section 154 of CrPC if the complaint discloses cognisable offence, with no requirement for a preliminary investigation.