High Court Shields Minors: 'Cannot Punish a Child for False Rape Claim,' Rules Jammu and Kashmir Court

In a recent ruling, the High Court of Jammu and Kashmir and Ladakh has asserted that a "minor person (below the age of 18 years) cannot be punished for the offense of perjury for making a false rape claim or a false claim of sexual assault under the Protection of Children from Sexual Offences Act (POCSO Act)." Justice Rajnesh Oswal clarified that Section 22(2) of the POCSO Act explicitly prohibits the punishment of a child for providing false information about a rape or sexual assault case.

The case in question involved a 17-year-old girl who had accused a man of sexual assault in 2020. However, during the trial, her statements contradicted the prosecution's case, leading to the acquittal of the accused in 2021. The trial court, subsequently, refused to initiate perjury charges against the complainant and her parents.

Justice Oswal, in dismissing the government's appeal, cited Section 22(2) of the POCSO Act, stating, "Once, the special Act prohibits the punishment of a child in respect of false information provided by a child, the child cannot be prosecuted for the commission of the offense of perjury."

The ruling highlighted the importance of considering the age of the complainant, emphasizing that the minor's statements during the trial were influenced by external factors, and no deliberate false statements were made. The Court held that there was insufficient evidence to establish deliberate and conscious false statements, a prerequisite for prosecuting a witness for perjury.

This decision underscores the legal protection accorded to minors under the POCSO Act, shielding them from perjury charges in cases involving false claims of sexual assault.

Author: Anushka Taraniya

News Writer, MIT ADT University