CP to ‘relook’ into circular on FIRS under POCSO Act
MUMBAI: After facing flak over the controversial circular regarding Deputy Commissioner of Police (DCP) permission and Assistant Commissioner of Police (ACP) rank officer’s recommendation to register offences under the Protection of Children from Sexual Offences (POCSO) Act and molestation in disputed cases, the Mumbai Police on Saturday said that it will relook into the controversial circular.
The National Commission for Protection of Child Rights (NCPCR) and Maharashtra State Commission for Protection of Child Rights (MSCPCR) expressed disagreement with the circular, meant only for disputed matters. Both wrote to the police to immediately withdraw as it violated POCSO Act provisions.
“Been Hectic last week. Seems some misunderstanding about our circular for scrutiny of some cases. We tried removing misuse however if the majority feels otherwise we will surely relook,” tweeted Mumbai Police Commissioner,
Sanjay Pandey on Saturday.
The Mumbai Police had on Thursday issued a circular directing all the police stations in the city to not register offence’s under POCSO in disputed matters till permission is received from DCP and recommendations from ACP. The circular issued by Pandey aimed to curb the registration of false cases.
It said that police noticed several cases under POCSO of molestation were registered over property disputes, old rivalry, financial transactions that went wrong or personal disputes.
In such cases, the accused were arrested without proper verification and it later came to the fore that the case was fake and then the accused had to be discharged under section 169 of the Code of Criminal Procedure (CRPC) (release of accused when evidence deficient).
“Due to such arrest the accused had to undergo personal trauma and defamation in the society and his image in society is damaged,” said the police circular.to avoid such kinds of incidents, cases can be registered only after a recommendation from an ACP and permission from a DCP level officer, it said.
The DCPS will have to make sure that the judgement of the apex court in the case of Lalita Kumari v/s Government of Uttar Pradesh is followed while dealing with the offences which talk about registering offences.
Though police sources said that the circular would mostly apply to disputed cases, ascertaining whether the case is genuine or not is only possible after registering the offence. And this can create further confusion which ultimately could also result in non-registration of offences in genuine cases.
“Actually if wrong offence is registered it is very difficult process to close it. Scrutiny never meant days or weeks. In most of the cases senior inspectors, ACP’S and DCP’S sit nearby so would be just a few hours. Anyway’s!! (Sic),” Pandey tweeted.
Sources said Mumbai Police is likely to formally withdraw the circular soon as it must give a reply and clarification to NCPCR and MSCPCR in the next seven days.
The NCPCR’S letter to the Director General of Police and Mumbai Police said the commissioner’s order “will cause a serious infringement upon the right of victims of sexual abuse and cause undue delay for victims to their access to justice.” It also said the order is in violation of “the true objective and spirit of the POCSO Act.”
It further said certain offences under the POCSO Act are cognisable offences and an FIR must be filed immediately as per the procedure given under the CRPC. The NCPCR asked for the order to be withdrawn after the DGP’S office reviews it.