Supreme Court: POCSO Principles Must Guide Child Custody and Visitation Cases Involving Child Sexual Abuse Victims
- Prateek
- 1 day ago
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In a significant ruling concerning child welfare, custody disputes, and the rights of child sexual abuse victims, the Supreme Court of India has held that the child-protective principles underlying the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) should guide judicial decision-making even in custody, visitation, and parental access proceedings involving child victims.
The judgment underscores that courts must ensure that legal proceedings themselves do not become a source of further trauma for children who are alleged victims of sexual abuse.
A Bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh made the observations while dealing with the issue of psychological evaluation of a child who was also an alleged victim of sexual abuse in an ongoing custody dispute.
Case: Sheetal Vasant Thakur v. Chirag Arora Case Number: SLP(C) No. 18701-18702/2024 Citation: 2026 (SC) 618
Supreme Court Warns Against Repeated Psychological Evaluation of Child Victims
The Supreme Court observed that repeated interactions, questioning, psychological assessments, and legal evaluations can sometimes aggravate trauma instead of serving the child's welfare.
According to the Court, judges must remain conscious of the possibility that repeated engagement of a child victim in legal processes may cause emotional distress and psychological harm.
The Bench noted:
“The principle underlying Section 33(5) of the POCSO Act, though arising in the context of criminal trial, reflects a broader recognition that repeated engagement of a child victim in legal processes may itself become a source of trauma.”
The Court clarified that although Section 33(5) of the POCSO Act directly applies to criminal proceedings, the principle behind it offers valuable guidance for family courts and other judicial forums handling custody-related disputes involving children.
Why the Supreme Court Referred to the POCSO Act in a Custody Dispute
The Court highlighted that the POCSO Act is founded on the fundamental principle that children who have allegedly suffered sexual abuse should not be exposed to processes capable of causing further emotional harm, humiliation, or secondary victimisation.
Importantly, the Court explained that the objective of the legislation is not limited to punishing offenders.
The law also seeks to:
Protect the dignity of child victims
Preserve emotional well-being
Safeguard mental health
Prevent secondary trauma
Ensure child-friendly legal procedures
These principles, the Court observed, should influence judicial decision-making even beyond criminal trials.
Key POCSO Provisions Relied Upon by the Supreme Court
While analysing the issue, the Court referred to several provisions of the POCSO Act that collectively embody the principles of minimum exposure and minimum re-traumatisation.
Section 24: Child-Friendly Recording of Statements
Section 24 requires police officers to record a child's statement in a child-friendly manner.
The statement should be recorded:
At a place chosen by the child
In a comfortable environment
Preferably by a woman police officer
The objective is to minimise fear and emotional distress during the investigation process.
Section 33(5): Protection Against Repeated Testimony
Section 33(5) requires Special Courts to ensure that a child victim is not repeatedly called to testify.
The provision recognises that repeated questioning can itself become traumatic and psychologically harmful.
Section 36: Protection from Direct Exposure to the Accused
Section 36 empowers courts to ensure that child victims are not exposed to the accused while their evidence is being recorded.
This provision seeks to reduce anxiety, fear, and intimidation.
Section 39: Support Persons and Expert Assistance
Section 39 allows child victims to receive assistance from:
Interpreters
Translators
Special educators
Experts
Support persons
The purpose is to facilitate participation while reducing emotional stress.
POCSO Principles Extend Beyond Criminal Trials, Says Supreme Court
The Supreme Court emphasised that although these provisions originate in criminal proceedings, the principles behind them provide valuable guidance in other judicial proceedings involving children.
The Court specifically stated that family courts and custody courts should consider these child-centric protections while deciding visitation rights, parental access, and custody arrangements involving child victims.
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This observation significantly broadens the practical influence of POCSO's child-protection philosophy within the Indian legal system.
Therapeutic Support vs Forensic Evaluation: Important Distinction Drawn by Court
One of the most important aspects of the judgment is the distinction made by the Supreme Court between therapeutic engagement and evaluative exercises.
According to the Court:
Therapeutic Engagement
Therapeutic interaction may help a child recover emotionally and psychologically.
Examples include:
Counselling
Psychological support
Trauma recovery programmes
Child welfare interventions
Evaluative Exercises
Evaluative processes are often undertaken as part of adversarial litigation.
These may include:
Repeated psychological assessments
Forensic interviews
Multiple court-directed evaluations
Continuous scrutiny for evidentiary purposes
The Court warned that excessive evaluative exercises risk transforming a child into an object of continuous forensic examination rather than treating the child as an individual requiring protection and care.
Supreme Court Cautions Against Turning Children Into Casualties of Custody Battles
In strong observations, the Court warned against situations where children become unintended victims of prolonged legal conflicts between parents.
The Bench observed that excessive scrutiny undertaken solely to support competing parental claims can adversely affect a child's mental health.
According to the Court, the justice delivery system must ensure that the emotional safety and psychological integrity of children are not sacrificed in the legal contest between disputing parents.
The Court observed:
“The justice delivery system must guard against any process which has the effect of prioritizing adversarial claims of litigating parties over the emotional safety and psychological integrity of the child.”
Doctrine of ‘Best Interest of the Child’ Applies to Judicial Procedure Too
The Supreme Court further clarified that the doctrine of the “best interest of the child” is not restricted merely to deciding who gets custody.
Rather, the doctrine also governs how courts engage with children during the entire legal process.
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According to the Bench, child welfare must remain central not only to the final outcome of the case but also to every procedural step adopted during litigation.
The Court stated that judicial procedures themselves must conform to:
Sensitivity
Minimum intrusion
Psychological safety
Child-friendly standards
Emotional protection
This marks an important development in child rights jurisprudence.
Supreme Court's Final Ruling
Summarising its position, the Supreme Court held that any interaction with a child victim in custody or visitation proceedings must be guided by the principles of:
Minimum intrusion
Minimum exposure
Emotional protection
Psychological well-being
Child welfare
The Court reiterated that the welfare of the child must remain the paramount consideration throughout judicial proceedings.
Why This Judgment Matters
Legal experts believe the ruling could have far-reaching implications for:
Child custody disputes
Visitation rights litigation
Family court proceedings
Child welfare cases
POCSO-related matters
Psychological evaluation of child victims
The judgment reinforces the principle that courts must not only protect children from abuse but also protect them from avoidable trauma caused by the legal process itself.
By extending POCSO's child-protective philosophy into custody and visitation disputes, the Supreme Court has strengthened safeguards for vulnerable children and reaffirmed that the child's emotional well-being remains at the heart of the justice system.
Frequently Asked Questions (FAQs)
Q. What did the Supreme Court rule regarding POCSO principles in child custody cases?
Answer. The Supreme Court held that the child-protective principles underlying the Protection of Children from Sexual Offences (POCSO) Act, 2012 should guide courts even in custody, visitation, and parental access disputes involving child victims of sexual abuse. The Court emphasized that legal proceedings must not become a source of further trauma for children.
Q. What is Section 33(5) of the POCSO Act?
Section 33(5) of the POCSO Act requires Special Courts to ensure that a child victim is not repeatedly called to testify. The provision recognizes that repeated engagement in legal processes can itself become a source of emotional distress and trauma.
Q. How does the POCSO Act protect child victims during legal proceedings?
Answer. The POCSO Act incorporates several child-friendly safeguards, including recording statements in a comfortable environment, limiting repeated testimony, preventing unnecessary exposure to the accused, and providing support through interpreters, experts, and special educators.
Q. What is the principle of minimum exposure under the POCSO Act?
Answer. The principle of minimum exposure seeks to protect child victims from repeated questioning, multiple appearances, and unnecessary interactions that could cause emotional or psychological harm during legal proceedings.
Q. What is the principle of minimum re-traumatisation?
Answer. Minimum re-traumatisation means that courts and authorities should avoid procedures that may force a child victim to relive painful experiences. The objective is to protect the child from additional emotional suffering while ensuring justice is served.
Q. Can POCSO principles be applied in family court proceedings?
Answer. Yes. The Supreme Court clarified that although POCSO provisions directly apply to criminal proceedings, the child-protective principles underlying the Act can guide courts in family disputes involving child victims.
Q. What is the difference between therapeutic support and forensic evaluation?
Answer. Therapeutic support is intended to help a child recover emotionally through counselling and rehabilitation. Forensic evaluation, on the other hand, is conducted for legal purposes. The Supreme Court warned that excessive forensic scrutiny may harm children if not carefully managed.
Q. How does this ruling affect child visitation disputes?
Answer. The judgment requires courts to prioritize the emotional and psychological well-being of children when deciding visitation rights. Courts must avoid procedures that may expose child victims to unnecessary distress.
Q. What are Sections 24, 36 and 39 of the POCSO Act?
Answer. Section 24 provides for child-friendly recording of statements. Section 36 protects children from direct exposure to the accused while giving evidence. Section 39 allows assistance from experts, interpreters, special educators, and support persons to reduce trauma.
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