GUIDELINE FOR EFFECTIVE COMPLAINCE WITH PROVISIONS OF POCSO ACT  - BOMBAY HC

8th April 2021

The Bombay HC recently issued guidelines for effective implementation of provisions of POCSO and to ensure the victim’s participation during the judicial process, in various stages.

The Bombay HC bench directed:

• The special juvenile police unit (SJPU) that in the event where the application is moved by a prosecutor or the defence, SJPU must inform the relevant court about the services of application and notice of hearing.
• In case if it is not possible to serve the victim, the reasons should be set out in writing.
• If the victim's family does not attend the hearing after issuance of a notice, the Court shall proceed without the presence of such notice or issue another notice.

This judgment came after a plea moved by a social worker- Arjun Malge in regards to the non-compliance with the provisions of POCSO, CrpC and demanding minor victim's presence in judicial proceedings. Counsel appearing for Malge mentioned Sec 40 of the POCSO Act, Rule 4 and sub-rule 13 of POCSO Rule 2020 and Sec 439 (1-A) of Crpc and submitted that there have been many instances where the police and the trial court had abused and failed to comply with these provisions.

Malge sought appropriate guidelines from the HC. The Bench directed to circulate the copy of the judgment to all presiding officers of sessions Court of Maharashtra, DG of Maharashtra, Directors of prosecution, Superintendent of Maharashtra Police and Maharashtra State legal authorities.

Author: Papiha Ghoshal

PC: nagaland page