Mumbai Police Chief Orders POCSO Cases To Be Registered Only After DCP Nod

The National Commission for Protection of Child Rights has asked for the order to be withdrawn.

Mumbai Police Commissioner Sanjay Pandey.

 (Photo: Altered by The Quint)

Mumbai Police Commissioner Sanjay Pandey on Thursday, 9 June, instructed police officials that cases of molestation and crimes under the Protection of Children from Sexual Offences (POCSO) Act will be registered only after a recommendation by an assistant commissioner of police (ACP) and with the permission of the zonal deputy commissioner of police (DCP).

The commissioner issued the order keeping in mind instances of registrations of false cases because of property disputes, personal rivalry, financial matters, and personal problems, news agency PTI reported.

A directive, issued on Monday, 6 June, noted that in many such cases, the accused is arrested immediately without verification of facts, and later the complaint is found to be fake.

While granting permission, the DCP should follow the Supreme Court's judgement in the Lalita Kumari case, the order said.

The `Lalita Kumari v. Govt of UP and ors' case in 2013 saw a three-member bench of the apex court set guidelines as to when the registration of an FIR is mandatory.

NCPCR Writes to Maharashtra DGP

National Commission for Protection of Child Rights (NCPCR) Chairperson Priyank Kanoongo wrote to the Maharashtra DGP after coming across the Maharashtra police's order and said that the order will cause “a serious infringement upon the right of victims of sexual abuse” and also “lead to an undue delay for victims” accessing justice.

The NCPCR requested and recommended that the order be reviewed by the DGP’s office and be withdrawn.

“An action taken report in the matter may be sent to the Commission in the next 7 days,” the NCPCR chairperson wrote.

(With inputs from PTI)