IN RE : ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS versus

IN RE : ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS versus

The Court held that while majority of States with central funding complied with directions to set up exclusive POCSO courts, certain States still need to create more POCSO courts given pendency; timelines under the POCSO Act must be adhered to and Union and State Governments must sensitize officials, create dedicated courts on top priority, ensure timely filing of chargesheets and completion of trials; accordingly the suo-moto proceedings were closed.

Parties
Petitioner: By Courts Motion; Respondent: Respondents; Intervenor: Intervenor-in-person
Jurisdiction
India
Judgment Date
15 May 2025
Procedural Posture
Suo Motu Writ Petition (criminal) No. 1 of 2019 / Judgment and Suo Moto Proceedings Closed on 15 May 2025
Outcome
Suo-Moto proceedings closed
Legal Topics
Special POCSO Courts, Timelines Under POCSO Act, Forensic Science Laboratories, Sensitization of Officials, Central Funding Scheme for Courts, Compensation to Victims
Criminal Law Child Rights Constitutional Law POCSO Act Implementation Special POCSO Courts Timelines Under POCSO Act Forensic Science Laboratories Sensitization of Officials +2 more

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Parties

By Courts Motion

Petitioner

Respondents

Respondent

Intervenor-in-person

Intervenor

Procedural Posture

Suo Motu Writ Petition (criminal) No. 1 of 2019 / Judgment and Suo Moto Proceedings Closed on 15 May 2025

Legal Issues

  1. 1 Whether States must set up exclusive/designated POCSO courts and the criteria for doing so
  2. 2 Whether timelines mandated under the POCSO Act for investigation and trial are being followed and how to ensure compliance
  3. 3 Need for prompt functioning of Forensic Science Laboratories and sensitization of officials associated with POCSO investigations

Ratio Decidendi

The Court held that while majority of States with central funding complied with directions to set up exclusive POCSO courts, certain States still need to create more POCSO courts given pendency; timelines under the POCSO Act must be adhered to and Union and State Governments must sensitize officials, create dedicated courts on top priority, ensure timely filing of chargesheets and completion of trials; accordingly the suo-moto proceedings were closed.

Court Disposition

Suo-Moto proceedings closed

Orders

  • In each district where there are more than 100 cases under the POCSO Act an exclusive/designated special Court will be set up to try only offences under the POCSO Act
  • Such Courts will be set up under a Central scheme funded by the Central Government, the fund to cover appointment of the Presiding Officer, support persons, Special Public Prosecutors, Court staff and infrastructure including child-friendly and vulnerable witness court rooms