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Supreme Court Orders Urgent Establishment of Dedicated POCSO Courts Nationwide

Supreme Court directs Centre to set up special POCSO courts on priority basis

The Supreme Court on Thursday issued a directive to the Central government, mandating the establishment of dedicated courts under the Protection of Children from Sexual Offences (POCSO) Act on a “top priority basis” to exclusively handle cases of sexual offences against children. The order, delivered by a bench comprising Justices Bela M. Trivedi and P.B. Varale, highlighted significant delays in trial proceedings due to an insufficient number of specialized courts, which has prevented adherence to the timelines mandated by the POCSO Act.

The court expressed concern over the backlog of POCSO cases, noting that while many states have set up exclusive courts with financial support from the Centre, states such as Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Odisha, and Maharashtra require additional courts to address the high pendency of cases. The bench emphasized the need for the Union and state governments to sensitize officials involved in POCSO investigations and ensure that chargesheets are filed and trials completed within the legally stipulated timeframes.

The directive builds on the court’s earlier orders, including a July 2019 ruling that called for one designated POCSO court in every district with more than 100 registered FIRs under the Act. The court clarified that these courts must exclusively handle POCSO cases. Additionally, it ordered states to establish at least two dedicated courts in districts where pending POCSO cases exceed 300, reinforcing the urgency of addressing the growing backlog.

The Supreme Court’s order came during the hearing of a suo motu case initiated in response to the alarming rise in reported child sexual abuse incidents. The court had previously tasked senior advocates V. Giri and Uttara Babbar with compiling state-wise data on the status of POCSO courts, which revealed significant gaps in implementation. The bench underscored that timely justice in POCSO cases is critical, urging authorities to prioritize the creation of these specialized courts to ensure swift and effective judicial processes for victims of child sexual offences.

This directive reflects the court’s ongoing commitment to strengthening the judicial framework for protecting children, addressing systemic delays, and ensuring compliance with the POCSO Act’s stringent timelines for investigation and trial.

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