Flagging the alarming trend of warring spouses levelling false allegations of child sexual abuse under the POCSO Act against each other to gain tactical leverage in matrimonial disputes, the Supreme Court on Thursday ruled against immediate arrest of an accused if he/she was a parent/family member.“What is alarming is that this tendency of making false accusations is on the rise. Instances are not infrequent where gullible parties are misguided by their advisors, including in some cases by recalcitrant legal professionals, who, in their pursuit of the motto of ‘win at any cost’, end up fuelling the fire,” a Bench of Justice JB Pardiwala and Justice KV Viswanathan said.In a landmark verdict laying down guidelines to deal with the issue,  the top court said a psychological or psychiatric evaluation of the child by experts was a must, before police or courts formed their opinion to arrest the parent or family member staying under the same roof against whom allegations had been made.The Bench ordered that there shall not be any immediate arrest if threshold conditions like (i) an offence under the Protection of Children from Sexual Offences (POCSO) Act is alleged to have been committed by a parent or any other family member living under the same roof as the child victim and (ii) a matrimonial dispute of some form, irrespective of whether it is before a court of law or not, exists between the parents of the child, thereby indicating the possibility of a strained relationship.It would be the duty of the police officer receiving the complaint to verify, at the time of receipt of the complaint, that a matrimonial dispute exists between the parents, it said, adding, “Such caution, which must necessarily accompany the exercise of the power to arrest, has already been emphasised by a long line of decisions of this court, and also by the plain words of the relevant statutory provisions.”The order came in a matrimonial dispute involving a Bengaluru couple, wherein the wife alleged sexual assault of the child.  As the CBI probe found the allegation to be false, the top court restored the child’s custody to the father, taking into account the aspect of the minor’s welfare.It said “irreparable harm” is caused to an accused parent or a family member living under the same roof if the person is arrested by the investigating authorities. When the above-stated threshold conditions are met, post the registration of an FIR, we are of the considered opinion that the investigating officer should not act in haste or take coercive actions in the form of arrest immediately.”The Bench directed that the investigating officer or the Special Juvenile Police Unit (SJPU) shall engage the services of an expert in child and adolescent psychiatry or clinical psychology, in consultation with the District Child Protection Unit (DCPU) or the District Legal Services Authority (DLSA), where a DCPU is not available, for the purpose of aiding the investigation.In exceptional cases, where the material is palpable, the investigating officer, for reasons to be recorded in writing, may dispense with the engagement of the services of an expert in child and adolescent psychiatry or psychology, it said.“It must be ensured that the evaluation is conducted in an independent manner, free from any influence of the disgruntled parent and the investigating authorities,” the Bench said.It said upon receipt of the psychological or psychiatric evaluation report, the investigating authorities shall take the opinion of the expert into consideration, along with other relevant material and circumstances, to decide whether there is a “reason to believe” that the accused has committed the offence for the purpose of effectuating his arrest.For complaint cases filed before a special court, the Bench said an order taking cognisance and summoning an accused must reflect that there has been application of mind to the facts of the case.The special court shall also involve the services of an expert in child and adolescent psychiatry or clinical psychology, and such an expert shall conduct a psychiatric or psychological evaluation of the child victim and submit a report to the court, detailing the results of such evaluation, it said.The trauma that a child is put through in the process and the accusation can damage the very fabric of the parent-child relationship and the resultant wound is bound to leave an indelible scar in the minds of both, it said, adding, this was independent of the hurt, humiliation and public opprobrium the accused parent faced, even long after exoneration from the charges.The court said very often, an enraged parent, engulfed by anger and blinded by ego, fell prey to these machinations, oblivious to the consequences that may ensue.