Justice Bela M Trivedi, Justice Prasanna B Varale, Supreme Court
Adhere To POCSO Act Timelines; Create Dedicated Courts To Try POCSO Cases: Supreme Court To Centre & State Governments
|While closing the suo-moto proceedings, the Apex Court further directed that the trials be completed within the time frame as contemplated in the Protection of Children from Sexual Offences Act, 2012.
The Supreme Court observed that timelines stipulated under the POCSO Act should be adhered to as far as possible.
asked the Centre and State Governments to take steps to sensitize the officials associated with the investigation of POCSO cases, and also create dedicated Courts to try POCSO cases on top priority basis.
While closing the Suo-moto proceedings, the Apex Court further directed that the trials be completed within the time frame as contemplated in the Protection of Children from Sexual Offences Act, 2012.
The Division Bench of Justice Bela M. Trivedi and Justice Prasanna B. Varale ordered, “It is therefore expected that the Union of India and the State Governments shall take appropriate steps to sensitize the officials associated with the investigation of POCSO cases, and also to create dedicated Courts to try POCSO Cases on top priority basis, and to see to it that the chargesheets are filed within the mandatory period stipulated in the Act, and the Trials are completed within the time frame as contemplated in the Act.”
Factual Background
In the year 2019, the Supreme Court had directed the Registry to register a Suo Moto Writ Petition under the caption “In Re Alarming rise in the number of reported child rape incidents". The said cognizance was taken by the Court given the various news reports about the increase of child rape cases in India. Accordingly, the Court gave certain directions on the timely completion of investigations and consequential Trials of the offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Subsequently, various directions came to be issued from time to time calling upon the States and the Registrar Generals of all the High Courts to furnish the information mentioned in the said Order.
The Registrar of Supreme Court submitted a Report detailing percentage share of different types of POCSO offences, upon which the Court directed the State Governments and Union of India to do the needful to ensure that all stages of investigation as well as of the Trials, as contemplated under the POCSO Act, are complied within the timeframe. The Court had also laid down separate criteria for the States of Uttar Pradesh and West Bengal, where the pendency of POCSO cases was extremely high. Directions were also passed to establish dedicated Forensic Science Laboratories to expedite the investigation.
Reasoning
The Bench noted that the matter remained pending for quite a long time for consideration of the issues to be addressed by the State Governments and the High Courts. Referring to the Chart showing the status of POCSO cases and POCSO Courts in each State, the Bench noted that majority of the States with the funding from the Central government had complied with the directions issued by the Court for setting up exclusive courts for POCSO cases, however, in certain States like Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Orissa, Maharashtra etc., there was still a need to create more POCSO Courts considering the pendency of the POCSO cases.
“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible. Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained”, the Bench said.
Thus, the Bench directed the creation of dedicated Courts to try POCSO cases and further suggested that chargesheets be filed within the mandatory period stipulated in the Act.
Cause Title: In Re : Alarming Rise in the Number of Reported Child Rape Incidents