Recently, the Supreme Court ordered the Centre to urgently establish dedicated POCSO courts across states to ensure timely trial of child sexual offence cases.

• The Court had earlier mandated one special court in each district with over 100 FIRs, and now requires two courts where pendency exceeds 300 cases.

What is a POCSO Court?

• A POCSO Court is a designated court exclusively tasked with trying cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
• These courts aim to provide a child-friendly, sensitive environment for speedy justice.
• As of Jan 2025 there are 754 Fast Track Special Courts (FTSCs) including 404 exclusive POCSO Courts are functional in 30 States/UTs, which have disposed of more than 3,06,000 cases.

About the POCSO Act, 2012

• The POCSO Act was enacted in 2012 to protect children from sexual abuse, sexual harassment, and pornography.
• It ensures child-friendly procedures at every stage of the legal process, from investigation to trial.
• The Act covers both contact and non-contact sexual offences against children below 18 years.
  

Key Features of the POCSO Act

• Time-bound Trial: Mandates the trial to be completed within one year from the date of cognizance.
• Mandatory Reporting: Obligates reporting of offences by any person, with penalties for failure to do so.
• Child-Friendly Procedures: Ensures in-camera trials, avoidance of aggressive cross-examination, and support persons for victims.
• Special Courts: Empowers state governments to designate special courts for exclusive POCSO trials.
• Gender Neutrality: Applies to all children irrespective of gender, including provisions for male and transgender child victims.
  

Challenges in Handling POCSO Cases

• High Pendency: States like Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Odisha, and Maharashtra report alarming pendency of POCSO cases.
• Inadequate Special Courts: Several states have failed to establish the mandated number of exclusive POCSO courts despite prior Supreme Court orders and central assistance.
• Delays in Chargesheet Filing: Investigative delays often lead to failure in filing chargesheets within the legally stipulated timeframe.
• Slow Trial: Cases frequently overshoot the one-year trial completion deadline, defeating the time-bound intent of the POCSO Act.
• Lack of Sensitisation: Law enforcement and judicial personnel often lack adequate training in handling child-sensitive legal procedures under the Act.

Recommendations for Effective POCSO Implementation

• Immediate Establishment: States must urgently set up exclusive POCSO courts in all districts with high caseloads, following SC guidelines.
• Adherence to  Timelines: Mechanisms must be instituted to ensure timely filing of chargesheets and swift trial completion as mandated under the Act.
• Capacity Building: Comprehensive training for police, prosecutors, and judges is essential to create a child-sensitive and legally sound justice process

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