Institute of Legal and Management Studies

The Supreme Court on May 15 closed the 2019 suo moto proceedings initiated in relation to addressing the systematic flaws under the Protection of Children from Sexual Offences (POCSO) Act, 2012. It has directed the Union and States Government to set up Special POCSO Courts on top priority basis.

A bench of Justice Bela M. Trivedi and PB Varale closed the proceedings, asking the Union and the State Government to take appropriate steps to sensitise the officials associated with the investigation of POCSO cases, and also to create dedicated Courts to try POCSO cases on a top priority basis.They also have to ensure that the chargesheets are filed within the period stipulated in the Act and that the Trials are completed within the time frame as stipulated in the Act.

"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. 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."

On May 7, the Court had reserved the judgment. Before that, it requested amicus curiae and Senior Advocate V Giri and Senior Advocate Uttara Babbar to submit State-wise details of the status of the POCSO Courts in view of the earlier directions. The report was received based on which the Court observed that majority of the States with the funding from the Central Government have complied with the directions for sitting up exclusive courts.

However, States like Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Orissa and Maharashtra are lagging behind and it still needs to create more POCSO Courts, considering the huge pendency of POCSO cases.

Back in July, 2019, the Court had passed comprehensive directions for the Union and States to implement, including that in each district, if there are more than 100 cases of POCSO, an exclusive special court will be set up under the central government's funds. Appointment of Special Public Prosecutors is also to be taken care of.

Consequent to this, directions were also issued to States and High Courts to furnish details. For instance, the Registrar of the Supreme Court submitted a report detailing the percentage share of different types of POCSO offences, upon which the Court directed States and Union to ensure that all stages of investigation as well as trial are completed within the timeframe stipulated under the POCSO Act. It had also ordered that the officials associated with the investigation and for the creation of dedicated Courts to try POCSO cases should be sensitised.

The Court had also directed the setting up of exclusive POCSO Courts in each State and laid down criteria for it as well for States of Uttar Pradesh and West Bengal, where POCSO case pendency is extremely high.

The Court had also expressed its desire to consider the issue of framing a National Scheme for payment of compensation to the victims of offences under the POCSO Act.

Case Details: IN RE ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS| SMW(Crl) No. 1/2019

Citation : 2025 LiveLaw (SC) 581

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Appearances: Senior Advocate and amicus VV Giri and Senior Advocate and Amicus Uttara Babbar