Court Directs Guidelines for Fair Recording of Children's Statements; Awards Compensation to Victim for Trauma
In a significant ruling, the Madras High Court granted bail to B. Gurunathan, accused under the Protection of Children from Sexual Offences (POCSO) Act, while highlighting serious lapses in the handling of the case by child welfare officials. Justice K.K. Ramakrishnan noted that the victim, Gurunathan's daughter, was allegedly coerced and intimidated by officials to make false allegations of sexual harassment against her father.
The judgment was delivered on May 14, 2026, in response to a criminal original petition filed by Gurunathan, who had been in custody since April 16, 2026. The court examined the victim's statement recorded under Section 164 of the Criminal Procedure Code (Cr.P.C.), which revealed that the allegations were made under duress, following pressure from officials after the child contacted the "1098" Child Helpline regarding domestic issues.
Expressing concern over the misuse of authority by officials, the court directed the Chief Secretary to the Government to establish guidelines ensuring that children's statements are recorded transparently and without coercion. The court also instructed the Inspector General of Police, South Zone, to investigate the conduct of the concerned child welfare officials and submit a report by July 2, 2026. The District Collector of Virudhunagar was ordered to compensate the victim with Rs. 1,00,000 for the trauma endured.
The ruling highlighted the potential misuse of child protection mechanisms, emphasizing the need for integrity in handling cases involving vulnerable children. The court underscored the detrimental impact of false allegations on both the accused and the victims, advocating for a balanced approach to protect children's welfare without subjecting them to further distress.
Justice Ramakrishnan laid down specific bail conditions for Gurunathan, ensuring compliance and preventing any tampering with evidence or witnesses. The court's decision reflects a broader judicial concern to safeguard the rights of children while preventing the misuse of legal processes.
Bottom line:-
Protection of Children from Sexual Offences Act - Allegation of sexual harassment against father - Victim allegedly coerced and intimidated by officials to make false allegations - Bail granted considering victim's statement and period of incarceration - Directions issued to authorities to ensure fair and transparent recording of children's statements without coercion or inducement.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 (Sections 7 r/w 8), Section 164 Cr.P.C., Section 229A IPC
B. Gurunathan v. State Rep by The Inspector of Police, (Madras) : Law Finder Doc id # 2899730
