Bombay High Court Lays Down POCSO Act Guidelines For Police And Courts

POCSO Act Guideline: On April 8, the Bombay High Court laid down a guideline regarding cases under the Protection of Children from Sexual Offences Act (POCSO).

The Bombay High Court issued a POCSO Act guideline by a division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni. The guidelines are meant for the effective implementation of the law for sexual offences against children. The POCSO Act guideline is meant to ensure that the right of the minor to participate in judicial proceedings is protected.

The bench passed a judgement on public interest litigation (PIL) that was filed by activist Arjun Malge. Malge works with minors who have been sexually abused and their families. He complained about the lack of implementation of certain provisions of the POCSO Act.

The state government submitted that it did not oppose the petition and that the court may pass the relevant guidelines.

Here are the guidelines issued by the Bombay High Court:

• The court stated that in the event of an application made by the prosecution in POCSO cases, the office of the public prosecutor will need to issue a notice of hearing to the minor’s guardians or legal counsel.
• A notice of hearing regarding relevant documents for the ‘effective participation’ of the minor in the proceedings will also be required.
• It was added that it is the duty of a police officer to confirm to the court about the service of a notice to the minor’s family. In case the notice could not be issued, the reasons regarding why the notice could not be served has to be conveyed by the Special Juvenile Police Unit to the court.
• The high court said that after the court heard the prosecution’s application, the court must ascertain whether the notice was served to the minor’s family. In case it was not issued, the court needs to make a reasoned order to take any emerging circumstances regarding hearing the application in the absence of family into account.
• The high court stated, “the court may proceed further without the presence of such notice, or issue another notice, as may be judicially determined appropriate.”
• The court stated that the proceedings under the POCSO Act also deals with offences of rape under provisions of Section 376 of the Indian Penal Code. The notice to the minor should also be issued in such cases as per the rules.