Does the expert-evaluation safeguard apply where a Special Court decides whether to take cognizance of a private complaint under the POCSO Act?

Protection of Children from Sexual Offences Act, 2012 — s.22 — s.33 — Bharatiya Nagarik Suraksha Sanhita, 2023 — s.35 — False allegations in matrimonial disputes — Arrest safeguard — Protection of Children from Sexual Offences Act, 2012 — s.35 BNSS — Arrest safeguard — Expert evaluation — Held: Where an offence under the POCSO Act is alleged against a parent living with the child where a matrimonial dispute exists between the parents, the investigating officer must engage a child psychiatry or psychology expert to evaluate the child before forming "reason to believe" for arrest under Section 35 of the BNSS. (¶48, 60) Protection of Children from Sexual Offences Act, 2012 — s.33 — Special Court cognizance — Same safeguard — Held further: The same safeguard applies where a Special Court is deciding whether to take cognizance of a private complaint under Section 33 of the POCSO Act in like circumstances. (¶64, 70) Protection of Children from Sexual Offences Act, 2012 — Custody proceedings — Registration not proof — Held further: Mere registration of a case under the POCSO Act does not by itself prove the allegation true or defeat a parent's legitimate claim to custody; the court must independently assess whether the allegation is baseless. FIR quashed as an abuse of process; legal custody of the child to rest with Father-'R'. (¶76, 79)