POCSO ACT TRIAL GUIDELINES

The POCSO Act also established measures to make the criminal justice system more child-friendly and to prevent re-traumatization. This includes everything from how the statement of the child should be recorded, to the medical examination, to the designation of special child-friendly courts. In this article, the reader will get familiar with some of the landmark judgments under the POCSO Act, 2012 which will help them to get an idea regarding the implementation of the aforementioned statute. 

Guidelines related to the trial under the POCSO ACT

Alakh Alok Srivastava v. Union of India and Others (2018) SC

In this  case , the Supreme Court of India laid down guidelines to be followed by Special Courts while trying a case under the POCSO Act, 2012 so that the trial is completed within a period of one year from the date of taking cognizance of the offence, as provided under Section 35  of the aforementioned Act. The guidelines are provided hereunder:

1. The High Courts are responsible for ensuring that cases filed under the POCSO Act are heard and decided by Special Courts and that the presiding officials of such courts are trained in child protection and psychological reaction.
2. If not previously done, the Special Courts should be constituted and given the role of dealing with matters brought under the POCSO Act.
3. The Special Courts should be given instructions to expedite cases by not granting superfluous adjournments and following the procedure outlined in the POCSO Act, allowing the trial to be completed in a time-bound manner or within a certain time period set forth in the Act.
4. The Chief Justices of the High Courts have been asked to form a three-judge committee to control and supervise the progress of the POCSO Act cases. In the event that three judges are not available, the Chief Justices of the respective courts will form a Judge Committee.
5. A Special Task Force will be formed by the Director-General of Police or a State authority of comparable rank to guarantee that the investigation is properly handled and witnesses are presented on the dates set before the trial courts.
6. The High Courts must take appropriate efforts to create a child-friendly environment in Special Courts, keeping in mind the requirements of the POCSO Act, to ensure that the spirit of the Act is upheld.

Written by Adv Rohit Yadav D/8639/2019