General Security Force Court Empowered To Try POCSO Offences Under BSF Act: Delhi High Court
The Court held that the GSFC is competent to try offences under the POCSO Act, as such offences fall within the definition of “civil offences” under the BSF Act, and Section 42A of the POCSO Act preserves the jurisdiction of other statutory authorities.
Justice C Hari Shankar, Justice Om Prakash Shukla, Delhi High Court
The Delhi High Court has ruled that the General Security Force Court (GSFC) constituted under the Border Security Force Act is competent to try offences under the Protection of Children from Sexual Offences (POCSO) Act. The Court also clarified that POCSO provisions are “in addition to and not in derogation” of other laws, thereby preserving the jurisdiction of authorities empowered under different statutes.
A Bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla, while hearing a writ petition filed by a BSF personnel challenging his conviction and sentence by the GSFC, observed that “the BSF Act empowers the GSFC to try offences under the POCSO Act. These provisions, seen in conjunction with Section 42A of the POCSO Act, which saves the jurisdiction vested in other authorities under other statutes, defeats Mr. Singh’s contention that the GSFC did not have the jurisdiction to try a POCSO offence.”
Advocate Nityanand Singh represented the petitioner, while CGSC Radhika Bushwajit Dubey appeared on behalf of the respondents.
Background
The petitioner, a BSF Sub Inspector, was accused of committing sexual assault on a minor within a BSF camp. An FIR was registered invoking provisions of the IPC and the POCSO Act. He was subsequently tried by the GSFC, which found him guilty of aggravated penetrative sexual assault, unnatural offences, and wrongful confinement.
Challenging the GSFC proceedings, the petitioner argued before the High Court that the GSFC lacked jurisdiction to try offences under the POCSO Act, and that there were procedural lapses, including denial of certified copies of witness statements.
Court’s Observations
The Delhi High Court rejected the challenge to the jurisdiction of GSFC, holding that the BSF Act expressly empowers it to try any civil offence as defined under the BSF Act. Since POCSO offences are triable by criminal courts, they fall within the definition. The Bench held that “Clearly, therefore, the BSF Act empowers the GSFC to try offences under the POCSO Act. These provisions, seen in conjunction with Section 42A of the POCSO Act, which saves the jurisdiction vested in other authorities under other statutes, defeats the contention that the GSFC did not have the jurisdiction to try a POCSO offence.”
On a plea raised by the petitioner regarding the denial of certified copies of prosecution witnesses’ statements, the Court held that Rule 120 of the BSF Rules only permits inspection of proceedings during trial. The Court noted that the petitioner had not challenged the validity of Rule 129 and thus no procedural violation could be made out.
Further, the Court found that the GSFC’s decision was detailed and reasoned, containing “cogent and convincing reasons” for its findings, and could not be characterised as unreasoned. Minor inconsistencies in the victim’s statements were held immaterial, especially in light of Section 29 of the POCSO Act, which raises a presumption of guilt against the accused unless rebutted.
Conclusion
While upholding the conviction and sentence imposed by the GSFC, the Delhi High Court affirmed that the GSFC is competent to try POCSO offences under the BSF Act. The writ petition was accordingly dismissed.
“We, therefore, find no occasion to interfere with the impugned decision of the GSFC, which accordingly stands affirmed in its entirety”, the Court concluded.
Cause Title: Rakesh Babu Vs Union Of India & Ors (Neutral Citation: 2025:DHC:7909-DB)
Appearances
Petitioner: Advocates Nityanand Singh, Vinay Ahrodia, Sonu Kumari, Prity Raj and others.
Respondents: CGSC Radhika Bishwajit Dubey, with Advocates Gurleen Kaur Waraich, Kritarth Upadhyay, Paramveer Singh (BSF) and others.
