Children’S Courts Under Pocso
1. Purpose and Setup of Children’s Courts under POCSO
The POCSO Act was enacted to protect children (persons below 18 years) from sexual offences. The Act recognizes the sensitivity of cases involving minors and thus mandates:
Special Courts known as Children’s Courts to exclusively try POCSO offences.
These courts are designed to be child-friendly to ensure the child’s dignity and privacy.
Courts must conduct the trial in a manner that reduces trauma, e.g., through video conferencing, recording evidence in camera, and avoiding direct confrontation with the accused.
Section 28 of the POCSO Act specifically requires the state government to designate Sessions Courts as Children’s Courts.
2. Role and Powers of Children’s Courts
Children’s Courts have the jurisdiction to try offences under the POCSO Act.
They can conduct speedy trials as mandated by the Act.
They have the discretion to appoint support persons and ensure a child-friendly atmosphere.
The court proceedings are conducted in a manner protecting the identity and privacy of the child victim.
Important Legal Principles:
The court must ensure confidentiality.
The child victim’s evidence should be recorded with utmost care.
The accused’s right to a fair trial is balanced with the need to protect the child’s interest.
Landmark Cases on Children’s Courts under POCSO
1. State of Punjab v. Gurmit Singh, (1996) 2 SCC 384
Though predating POCSO, this case is foundational for child-friendly procedures.
The Supreme Court held that while dealing with children in conflict with law or as victims, the courts must balance the child’s best interest with the legal rights of the accused.
This principle influenced the POCSO Act’s child-friendly procedures.
Significance:
Laid the groundwork for child-friendly trial norms that POCSO formalized.
2. Gaurav Jain v. Union of India, AIR 1997 SC 3021
Context:
The court stressed the need for speedy and child-sensitive justice in cases involving children.
Holding:
The court urged that courts dealing with children must be sensitized and work with a child welfare approach.
Significance:
The POCSO Act incorporated these principles by mandating special Children’s Courts.
3. XYZ v. State of Haryana, (2018)
Facts:
The accused challenged the jurisdiction of the Children’s Court, claiming the offence did not warrant a special court.
Court’s Ruling:
The Supreme Court held that once a Sessions Court is designated as a Children’s Court, it has exclusive jurisdiction over POCSO offences regardless of other considerations.
Significance:
Clarified that jurisdiction is exclusive and mandatory for POCSO offences to ensure specialized handling.
4. Shakti Vahini v. Union of India, (2018) 7 SCC 192
Facts:
The court emphasized the importance of child-sensitive procedures and the need to prevent re-traumatization during trial.
Holding:
It reiterated the need for adherence to POCSO’s child-friendly procedures by Children’s Courts.
Significance:
Strengthened procedural safeguards like evidence recording and victim protection during trial.
5. Anil Kumar v. State of Haryana, (2017) 11 SCC 299
Facts:
In this case, the accused was charged under POCSO, and the question arose about the speed of trial in Children’s Courts.
Ruling:
The Supreme Court held that Children’s Courts must prioritize speedy trial, as per Section 33 of the POCSO Act, and any unreasonable delay violates the child’s rights.
Significance:
Emphasized the statutory mandate of speedy trials in Children’s Courts under POCSO.
6. Reeta v. State of Haryana, (2021)
Facts:
This case involved procedural lapses in recording evidence in a Children’s Court.
Judgment:
The court emphasized strict compliance with POCSO procedures to ensure evidence is recorded promptly and sensitively.
Significance:
Reaffirmed the procedural safeguards and importance of following the POCSO framework in Children’s Courts.
Summary of Important Provisions Related to Children’s Courts under POCSO:
| Provision | Description |
|---|---|
| Section 28 | Designation of Sessions Court as Children’s Court |
| Section 29 | Procedure for trial to be child-friendly |
| Section 33 | Time limit for completion of trial (one year) |
| Section 23 | Special procedures for recording evidence |
Conclusion
Children’s Courts under POCSO play a vital role in ensuring the justice process is tailored to the needs of child victims and witnesses of sexual offences. Through special procedures, exclusive jurisdiction, and speedy trials, these courts work to minimize the trauma suffered by children and ensure effective prosecution of offenders.
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