Abstract

This research paper is focused on False Allegations of child abuse cases which is a challenge to Indian legal system. False allegations are a new upcoming trend in the Indian society to gain leverage over others and to settle a personal vendetta. Laws which are meant for the protection of society are themself used as weapons. The paper discusses how false allegations can be made and used against others. The POCSO Act 2012, is one of the stringent statutes in the Indian legal system. A false allegation under this act could deprive and damage an innocent man's reputation and status in society. Indian society has been seeing a lot of scenarios where these statutes and the threat of lodging these false allegations as a new mechanism to extort money and coerce them into performing things as per their desires. The flaws in law have to be examined as fast as possible, as they can endanger the entire society. As the offence under POCSO Act is cognisable and not bailable, once a false allegation prosecutes an innocent person, it would be an easy weapon in the hands of people to damage a person's reputation in society. The research paper further compares the flaws in false allegations of child abuse cases with the Dowry Prevention Act 1961, Domestic Violence Act 2005 and The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. The exploitation of these statutes implies the misuse of laws in Indian society. The amendments should be made in these acts, which would initiate with arrest and proceeding only made once the prima-faice case is strong enough and requires a sudden interference by law.

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