Medicolegal and Social issues of False implication and Abuse of Process of Law in POCSO Cases: A Critical Review

Abstract

Allahabad High Court in a recent judgment observed that a Medical Report determining the age of a POCSO Act offence is an imperative requirement of law and an absolute necessity of justice. Allahabad High Court issued the following directions: The police authorities/ investigation officers shall ensure that in every POCSO Act offence, a medical report determining the victim’s age shall be drawn up at the outset under Section 164A of the Criminal Procedure Code read with Section 27 of the Protection of Children from Sexual Offences Act, 2012. The report may be dispensed with if medical opinion advises against it in the interests of the victim’s health; The medical report determining the age of the victim shall be created as per established procedure of law and in adherence to the latest scientific parameters and medical protocol; The medical report determining the age of the victim shall be submitted under Section 164-A of the Code of Criminal Procedure to the Court without delay; The Director General (Health), Government of Uttar Pradesh, Lucknow shall also ensure that the doctors who comprise the Medical Board are duly trained and follow the established medical protocol and scientific parameters for determining the age of the victims in such cases. Constant research shall be done in this field to keep the reports in line with the latest scientific developments. This case study emphasizes the dynamic nature of law and medicine with the passage of time and the demands of the society and administration of the criminal justice system in the larger public interest.