Supreme Court: In a suo motu writ petition concerning the alarming rise in the number of reported child rape incidents, the Division Bench consisting of Bela M. Trivedi* and Prasanna B. Varale, JJ., urged both the Central Government and the State Governments to take appropriate steps to sensitize officials involved in the investigation of POCSO cases. The Bench also emphasised the need to prioritize the creation of additional courts dedicated to hearing cases under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and to ensure that chargesheets were filed within the mandatory period stipulated in the Act. Furthermore, the Court directed that the trials be completed within the time frame envisaged by the Act.
Background
After taking cognizance of media reports about the increase in child rape cases, decided to initiate the writ petition. The case was registered with the caption “In Re Alarming Rise in the Number of Reported Child Rape Incidents”. On 12-07-2019, the Court directed the Registry to register the petition. Then, on 25-07-2019, after hearing various parties the Court issued several directions, focusing mainly on the timely completion of investigations and trials under the POCSO Act.
Subsequently, various directions were issued from time to time, calling upon the States and the Registrar Generals of all High Courts to furnish the information mentioned in the said Order. On 13-11-2029, the Registrar of the Supreme Court submitted a report detailing the percentage share of different types of POCSO offences. Upon reviewing the report, the Court directed the State Governments and the Union of India to take necessary steps to ensure that all stages of investigation, as well as the trials, as contemplated under the POCSO Act, were completed within the prescribed timeframe. The Court further directed the Union of India and the State Governments to undertake sensitization efforts for officials associated with the investigation process and to establish or assign dedicated courts to try POCSO cases on top priority.
With regard to the establishment of exclusive POCSO Courts across the country, the Court, noting the large number of pending POCSO cases throughout the country, laid down the parameters to be followed and issued directions for setting up exclusive POCSO Courts in each State. In its Order dated 16-12-2019, the Court specified separate criteria for the States of Uttar Pradesh and West Bengal, where the pendency of POCSO cases was particularly high. The Court also expressed its intention to consider the issue of framing a National Scheme for the payment of compensation to victims of offences under the POCSO Act.
During the course of hearings, the Court also expected the State Governments to establish dedicated Forensic Science Laboratories for POCSO cases, aiming to expedite investigations. The Court further expressed grave concern regarding the insufficient number of Public Prosecutors in the POCSO Courts. Additionally, the Court addressed the issue of providing security to the victim and witnesses in the Unnao case, by passing necessary orders.
Analysis and Decision
The Court noted that the matter had remained pending for quite some time, awaiting the consideration of the issues to be addressed by the State Governments and the High Courts.
On 24-09-2024, the Court requested Amicus Curiae V. Giri and Senior Advocate Uttara Babbar to submit State-wise details regarding the status of the POCSO Courts, in light of the earlier directions issued by the Court over time.In response, they submitted a brief note of submissions along with a Chart showing the status of POCSO cases pending in the POCSO Courts under each of the High Courts.
Upon reviewing the chart detailing the status of POCSO cases and courts in each state, the Court observed that, with funding from the Central Government, the majority of the states had complied with the directions issued by the Court to set up exclusive courts for POCSO cases. However, the Court noted that in certain states, such as Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Orissa, Maharashtra, and others, there was still a need to establish additional POCSO Courts due to the continued pendency of cases.
The Court opined that since timelines had been stipulated under the POCSO Act for all stages, from the investigation stage up to the trial stage, these timelines must be adhered to as far as possible. However, due to the inadequate number of exclusive courts for POCSO cases, the timelines mandated in the Act for the completion of trials were not being maintained.
The Court therefore expected that the Union of India and the State Governments would take appropriate steps to sensitize officials involved in the investigation of POCSO cases. Additionally, the Court emphasised the need to create dedicated courts to prioritize POCSO cases, ensuring that chargesheets were filed within the mandatory period stipulated by the Act, and that trials were completed within the time frame as envisaged by the legislation.
[Alarming Rise in the Number of Reported Child Rape Incidents, In re, Suo moto writ petition (Criminal) No(s). 1/2019 , decided on 15-05-2025]
*Judgment Authored by: Justice Bela M. Trivedi
