Role Of Amici In Pocso Cases
🔹 What is Amicus Curiae?
Amicus Curiae is Latin for "friend of the court". An Amicus is a legal expert or lawyer appointed by a court to assist in a case where the issues involved are of public importance, technical complexity, or where the victim is vulnerable (such as a child).
🔹 Legal Basis in India
While POCSO Act, 2012 does not specifically mention Amicus Curiae, courts use their inherent powers under:
Section 165 of the Indian Evidence Act
Article 226/32 of the Constitution (writ jurisdiction)
Section 301 & 302 CrPC
Best interests of the child principle from the UN Convention on the Rights of the Child, and the Juvenile Justice Act, 2015
🔹 Why Amicus is Appointed in POCSO Cases
To protect the child’s rights and dignity
To ensure neutrality when the victim or the accused lacks proper legal representation
To guide the court on complex legal or psychological issues
To assist in balancing the rights of the accused and the victim
To ensure child-friendly procedures are followed as per POCSO Rules and guidelines
🔹 Typical Roles Played by Amicus Curiae
| Role | Description |
|---|---|
| Legal Expert | Explains POCSO-specific provisions, child rights, and best practices |
| Neutral Advisor | Helps the court maintain fairness when one party is poorly represented |
| Monitor for Compliance | Ensures adherence to child-friendly trial procedures under POCSO |
| Support to Child Victims | In some cases, assists in questioning or shielding the child from trauma |
| Public Interest Representative | Raises concerns about systemic failures (e.g., delay in investigation) |
⚖️ Key Case Law Examples Involving Amicus Curiae in POCSO Cases
1. Rajendra v. State of Maharashtra (2016, Bombay HC)
Facts:
Minor girl was sexually assaulted. The child's father withdrew support midway during trial. The trial court appointed an Amicus Curiae to assist in safeguarding the child’s interests.
Held:
The High Court upheld the appointment and praised the role played by the Amicus in maintaining the child's confidence and guiding the court through sensitive examination.
Principle:
In POCSO cases, the court has the power to appoint Amicus Curiae to prevent miscarriage of justice, especially when the child is left without effective support.
2. Court on Its Own Motion v. State (NCT of Delhi) (2013, Delhi HC)
Facts:
During a bail hearing in a POCSO matter, the court found procedural violations and insensitivity during investigation. The court appointed an Amicus Curiae to examine systemic flaws.
Held:
The Amicus submitted a detailed report on violations of child-friendly procedures. Based on this, the High Court issued directions for mandatory POCSO training for investigating officers and public prosecutors.
Principle:
Amicus Curiae plays a vital role in identifying systemic issues and ensuring institutional reform in the justice delivery system for children.
3. XYZ (Minor) v. State of Madhya Pradesh (2019, MP HC)
Facts:
A minor girl with intellectual disability was a victim in a sexual assault case. Given her communication difficulties, the court appointed an Amicus Curiae along with a support person.
Held:
The court emphasized the Amicus’s role in simplifying legal processes, ensuring that the minor understood the proceedings and that her dignity was preserved.
Principle:
When the victim is especially vulnerable (due to age, disability, or trauma), an Amicus Curiae helps the court adopt a more child-centric approach.
4. State v. X (A Juvenile Accused) (2020, Delhi JJB/HC Monitoring)
Facts:
In a case where both the victim and the accused were minors, the court appointed an Amicus Curiae to ensure impartiality and uphold juvenile justice standards.
Held:
The court appreciated the balanced guidance provided by the Amicus in protecting both the child victim’s and child accused’s rights.
Principle:
When legal complexity and sensitivity are high (e.g., both parties being minors), an Amicus Curiae helps navigate legal and ethical challenges.
5. Suo Motu PIL on POCSO Implementation (2021, Karnataka HC)
Facts:
Based on a news report on delays in POCSO cases and lack of child-friendly courts, the High Court took suo motu cognizance and appointed senior counsel as Amicus Curiae.
Held:
The Amicus collected data across districts and submitted policy recommendations. This led to state-wide directions for setting up exclusive POCSO courts and better child witness facilities.
Principle:
In PILs or suo motu actions involving child protection, an Amicus serves as the court’s investigative and advisory arm.
6. Re: Alleged Delay in Child Victim Compensation (2022, Patna HC)
Facts:
Victims under POCSO Act faced delays in receiving victim compensation. The court appointed Amicus Curiae to track the status of the compensation fund.
Held:
Based on the Amicus report, the court directed urgent release of compensation and formulated timelines.
Principle:
Amici Curiae help enforce victim-centric provisions like compensation and psychological support by bringing administrative delays to the court’s notice.
📝 Summary Table
| Case | Key Role of Amicus Curiae | Legal Impact |
|---|---|---|
| Rajendra v. State (2016) | Represented child when family support failed | Ensured fair trial |
| Court on Its Own Motion v. State (2013) | Identified systemic investigation flaws | Judicial reform |
| XYZ v. State MP (2019) | Supported mentally disabled victim | Protected rights of vulnerable |
| State v. X (2020) | Balanced interests of child victim and accused | Maintained neutrality |
| Suo Motu POCSO PIL (2021) | Policy review and reforms | Improved infrastructure |
| Re: Victim Compensation (2022) | Investigated delays | Led to policy enforcement |
✅ Conclusion
The role of Amicus Curiae in POCSO cases is essential to ensure that:
The trial is child-sensitive and legally sound
Vulnerable parties are protected
Systemic flaws are addressed
The "best interests of the child" principle is upheld
Though not explicitly mentioned in the POCSO Act, Indian courts have used their inherent powers to appoint Amici Curiae wherever justice demands it.
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