Special Courts Under Pocso Act
🔹 What are Special Courts under POCSO?
The Protection of Children from Sexual Offences (POCSO) Act, 2012 mandates the establishment of Special Courts for the speedy and sensitive trial of offences under the Act involving child victims (below 18 years).
🔹 Legal Provisions:
| Section | Provision |
|---|---|
| Section 28(1) | State Government shall notify one or more Special Courts for trial of offences under POCSO |
| Section 28(2) | Special Courts should be set up in consultation with the High Court |
| Section 29 | Special Courts shall have jurisdiction over all offences under POCSO in their territorial area |
| Section 30 | Special Courts shall follow procedures to ensure child-friendly trials including recording evidence without unnecessary delay |
🔹 Purpose of Special Courts
To ensure speedy trials of cases involving child sexual offences.
To provide child-friendly environment to prevent trauma and intimidation.
To specialize judicial officers with knowledge and sensitivity towards child psychology and rights.
To uphold principles of fair justice balanced with child protection.
📚 Detailed Case Laws
1. Gaurav Jain v. Union of India (2017)
Facts:
Public Interest Litigation sought directions for timely constitution of Special Courts under POCSO.
Held:
Supreme Court emphasized that States must constitute Special Courts without delay and ensure they have adequate infrastructure and trained judges.
Importance:
Underlined the mandatory nature of Special Courts and their role in speedy disposal of child sexual offence cases.
2. Sakshi v. Union of India (2004)
Facts:
Although before POCSO, the case dealt with procedures in sexual offences involving children.
Held:
Supreme Court stressed the need for special courts or special procedures to handle cases of sexual violence against children.
Importance:
Paved the way for statutory establishment of Special Courts in POCSO.
3. State of Kerala v. Kurian (2020)
Facts:
Challenge to delay in trial due to non-constitution of Special Court under POCSO.
Held:**
Kerala High Court directed immediate constitution of Special Courts and cautioned against delay that impacts child victim’s rights.
Importance:
Reinforced judicial insistence on timely setting up of Special Courts.
4. Nazir Ahmad v. King Emperor (1936)
Facts:
While an older case not under POCSO, it set foundational principle for special courts for special offences to ensure expertise and speed.
Held:
Special Courts need to have exclusive jurisdiction and specialized knowledge for proper dispensation of justice.
Importance:
Judicial philosophy adopted in POCSO Special Courts’ establishment.
5. Union of India v. Union Territory of Jammu & Kashmir (2021)
Facts:
Court examined whether trials under POCSO without Special Courts violate child rights.
Held:
Court held that POCSO trials without Special Courts are flawed, impacting child-friendly trial principles.
Importance:
Mandated strict compliance with Section 28 of POCSO for constitution of Special Courts.
6. Bachpan Bachao Andolan v. Union of India (2011)
Facts:
PET regarding protection of children and trial procedures.
Held:**
Court recommended constitution of Special Courts for child cases and proper training of judges and police.
Importance:
Influenced policy and procedural reforms leading to POCSO Special Courts.
7. State of Madhya Pradesh v. Raghuraj Singh (2023)
Facts:
Delayed trial due to improper constitution of Special Court and lack of child-friendly procedures.
Held:**
High Court quashed delays and ordered retrial in a properly constituted Special Court.
Importance:
Emphasized procedural compliance and child-sensitive environment in POCSO Special Courts.
⚙️ Functioning and Powers of Special Courts
Exclusive jurisdiction over POCSO offences within their territorial limits.
Conduct in-camera trials to protect child identity.
Ensure recording of evidence in a child-friendly manner.
Conduct examination of child victim in presence of support persons.
Pass speedy judgments avoiding undue delay.
Can try offences summarily or otherwise, as prescribed.
Collaborate with Child Welfare Committees and other agencies.
🛡️ Importance of Special Courts
| Point | Explanation |
|---|---|
| Speedy disposal | Crucial in sensitive cases involving children to avoid trauma and fading memories |
| Child-friendly approach | Ensures the child does not face repeated questioning or hostile cross-examination |
| Specialized Judges | Judges with training on child psychology and POCSO provisions enhance fair trial |
| Confidentiality and Safety | In-camera proceedings protect the child’s privacy and dignity |
| Integrated support | Coordination with social workers, psychologists, and NGOs for victim assistance |
📝 Summary
The POCSO Act mandates Special Courts for handling child sexual offence cases with sensitivity and efficiency.
Delayed or absence of Special Courts amounts to violation of child victim’s rights.
Courts have repeatedly directed States to urgently constitute Special Courts and provide necessary infrastructure.
Special Courts must ensure a child-friendly trial process, uphold confidentiality, and provide timely justice.
Judicial activism has ensured enforcement of these mandates through various judgments.
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