May 31, 2025 In Advovacy, Blog, Consultancy

SUPREME COURT ISSUES DIRECTIONS TO TACKLE ALARMING RISE IN CHILD RAPE CASES UNDER POCSO ACT

The Division Bench of the Supreme Court of India, comprising Hon’ble Justice Bela M. Trivedi and Justice Prasanna B. Varale, deeply concerned about the increasing number of reported child rape cases in the country, initiated a Suo Moto Writ Petition on May 15th 2025, titled “In Re Alarming Rise In The Number Of Reported Child Rape Incidents,” registered as SUO MOTO WRIT PETITION (CRIMINAL) No(s). 1/2019. The Court took cognizance of this critical issue in response to numerous news reports highlighting the surge in these distressing cases.

Background of the Case

This judgment outlines the directions and guidelines issued by the Supreme Court with the aim of ensuring timely investigation and trials under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and to provide essential support and awareness measures

To effectively address this matter, the Court sought the assistance of Senior Counsel Mr. V. Giri to help formulate necessary directives.

Initial Directions (July 25, 2019)

The Court issued the following key directions to be implemented by the Union of India and State Governments

  1. Exclusive Special Courts: In each district with more than 100 POCSO Act cases, an exclusive Special Court was to be established to handle only POCSO Act offenses.
  2. Central Funding: These Courts were to be set up under a central scheme funded by the Central Government, covering the Presiding Officer, support staff, Special Public Prosecutors, Court staff, infrastructure, child-friendly environments and vulnerable witness Courtrooms.
  3. Appointment of Support Persons: Guidelines were provided for appointing support persons, emphasizing dedication, child rights orientation, sensitivity to children’s needs and child-friendly attitude. The same standards were to apply to the appointment of Special Public Prosecutors.
  4. Awareness Measures: The Ministry of Women and Child Development was directed to implement suggestions for spreading awareness, including screening short clips in movie halls and on TV channels about child abuse prevention and prosecution of crimes against children and displaying a child helpline number in these clips, as well as in schools and public places.
  5. Forensic Science Laboratories: The Court acknowledged the delay in investigations and trials due to delays in receiving reports from Forensic Science Laboratories. The Court suggested for designated Forensic Science Laboratories in every district for POCSO Act cases.
  6. Effective Functioning of Existing Laboratories: The Directors of State Forensic Science Laboratories and relevant State Government authorities were directed to ensure the effective functioning of existing laboratories for POCSO Act sample analysis and to ensure prompt reporting.
  7. Compliance by States/UTs: Chief Secretaries of all States and Union Territories were directed to ensure immediate compliance with these directives.

Subsequent Developments and Directions

  1. The Court continued to monitor the situation, calling for information from States and High Court Registrars General.
  2. A report was submitted on November 13, 2019 detailing the percentage share of different types of POCSO offenses.
  3. The Court directed State Governments and the Union of India to ensure timely compliance with investigation and trial stages under the POCSO Act, to sensitize officials involved in investigations, and to prioritize the creation or assignment of dedicated POCSO Courts.
  4. Further Orders were issued on setting up exclusive POCSO Courts, with specific criteria for States with high pendency like Uttar Pradesh and West Bengal.
  5. The Court also expressed its intent to consider a National scheme for victim compensation and raised concerns about the inadequate number of Public Prosecutors in POCSO Courts.

Final Observations by the Court

  1. On September 24, 2024 the Court sought updated details on the status of POCSO Courts from Amicus Curiae Mr. V. Giri and Sr. Advocate Ms. Uttara Babbar.
  2. A status report revealed that many States, with Central Government funding, had complied with the directives to establish exclusive POCSO Courts. However, some States (Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Orissa, Maharashtra, etc.) still needed to create more POCSO Courts due to the high pendency of cases.
  3. The Court emphasized the importance of adhering to the timelines stipulated in the POCSO Act for all stages of investigation and trial.
  4. The Court reiterated the need for the Union of India and State Governments to sensitize officials, create dedicated POCSO Courts on a priority basis, ensure timely filing of chargesheets and complete trials within the Act’s stipulated timeframe.
  5. The Suo Moto proceedings were closed with these observations and directions.

 

Parichaya Reddy

Associate

The Indian Lawyer & Allied Services

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