'Prosecutrix Wrong Terminology,' Observes Delhi HC In A POSCO Case

The Delhi High Court has made a significant intervention in a case that has brought attention to an important aspect of the legal language and its appropriateness in cases of child sexual abuse. The court has addressed the use of the term "prosecutrix" in cases involving minor victims under the Protection of Children from Sexual Offences (POCSO) Act, signalling a call for more sensitive and legally precise language. 

The Alarming Incident

The case that has spurred this response is both distressing and emblematic of the vulnerability faced by children in our society. It concerns a harrowing incident in South Delhi, where a three-year-old girl allegedly suffered sexual harassment and assault at the hands of a school helper. Her ordeal came to light on August 1, 2023, when she mustered the courage to share her traumatic experiences with her mother.

Swiftly responding to the situation, the Delhi Police apprehended the accused and filed charges, including sections related to rape, unnatural offences, and the POCSO  Act. As the investigation progressed, the police submitted a final report on October 30, 2023, underscoring crucial pieces of evidence, such as the seizure of a Digital Video Recorder (DVR) from the school premises, which is currently undergoing forensic examination. Additionally, the court recognized the comprehensive medical examination of the child, her statement recorded under section 164 of the Code of Criminal Procedure (CrPC), as well as the Medico-Legal Certificate (MLC) and potency test conducted on the accused.

The Court's Observations

While acknowledging the gravity of the charges outlined in the final report, the Delhi High Court has also raised a pertinent concern about the consistent usage of the term "prosecutrix" in reports and chargesheets related to POCSO Act cases. The presiding judge aptly pointed out that "prosecutrix" refers to a female prosecutor, which carries a fundamentally different connotation from what is suitable in cases involving minor victims.

The judge emphasized that it is neither legally accurate nor ethically appropriate to label a minor as a prosecutrix within the context of cases concerning young victims, “The court has noticed that in most chargesheets, including the present one, which is related to the offences under the POCSO Act, the victim is generally referred to as ‘prosecutrix’. The word ‘prosecutrix’ means a female prosecutor. However, a victim who is a minor cannot be a prosecutrix and, therefore, use of such word is not legal and proper.” 

The Urgency for Reform: Why Terminology Matters

The Delhi High Court's directive to reform terminology in such cases is not merely a matter of semantics but one of significance. The term "prosecutrix" not only fails to capture the emotional and psychological trauma faced by minor victims but is also legally inaccurate and ethically inappropriate. For survivors of sexual abuse, the terminology used in legal documents carries substantial weight. It is paramount that they are addressed with the utmost care and sensitivity. The continued use of the term "prosecutrix" can inadvertently diminish the gravity of the offence and undermine the emotional well-being of the survivors.

 In such sensitive cases, the terminology used should reflect the gravity of the situation and ensure that survivors are treated with the utmost care, sensitivity, and respect. The proactive stance taken by the Delhi High Court signifies a commitment to recognizing and addressing the unique vulnerabilities and challenges faced by minor victims of sexual offences.

The Delhi High Court's firm response to the language used in POCSO cases goes beyond a simple change of terms. It is a powerful demand for justice to be delivered competently, empathetically, and with utmost understanding. This judicial intervention emphasizes the crucial need to safeguard the dignity and rights of young survivors as they navigate the complex and often intimidating path to justice.

Suggested Reading: What Makes POCSO Rulings By Bombay HC Controversial? Lawyers Speak