Three new POCSO courts to take up cases against MPs, MLAs

These courts will be in addition to the 8 courts notified to deal with cases relating to the trial of offences against children, violation of child rights and for trial of offences under POCSO act.

Published: 07th July 2023 08:49 AM  |   Last Updated: 07th July 2023 08:49 AM   |  A+A-

POCSO

Image used for representational purpose only. (Express IIlustration)

By Express News Service

NEW DELHI: Three courts will be set up to deal with cases against MPs and MLAs under the Commission for Protection of Child Rights Act and the Protection of Children from Sexual Offences Act at the Rouse Avenue court complex, officials said on Thursday.

The Delhi High Court, through a letter, directed to setting up these courts.  “It took more than two years and seven months for the Delhi government — its law department, women and child development department under Atishi, and the CM to finally recommend the setting up of these courts through a file dated June 27 sent to L-G for approval,” the official said.  

These courts will be in addition to the eight courts notified to deal with cases relating to the trial of offences against children, violation of child rights and for trial of offences under the POCSO Act, he said. 

The proposal seeking L-G’s approval for the creation of these courts was moved by the Women and Child Department. 

Section 28 (1) of the POCSO Act, 2012 states that for the purposes of providing a speedy trial, the state government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a court of session to be a special Court to try the offences under the Act. 

Section 25 of the Commission for Protection of Child Rights Act, 2005 states that for providing speedy trial of offences against children, the state government may, with the concurrence of the HC Chief Justice, specify at least a court in the state or specify, for each district, a Court of Session to be a children’s court to try the said offences. 

GIVING MORE TEETH TO THE LAW

special courts dispense justice  under  pocso  act

  • The Protection of Children from Sexual Offences Act, 2012 was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography while safeguarding the interest of the child at every stage of the judicial process
  • A victim of child sexual abuse can file a complaint at any time irrespective of his/her present age
  • The proposal seeking LG’s approval for the creation of these designated/special courts was moved by Delhi govt’s Women & Child department
  • Section 28 (1) of the POCSO Act, 2012 states that for the purposes of providing a speedy trial, the state government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a court of session to be a Special Court to try the offences under the Act
  • Section 25 of the Commission for Protection of Child Rights (CPCR) Act, 2005 states that for the purpose of providing speedy trial of offences against children or of violation of child rights, the state government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the state or specify, for each district, a Court of Session to be a children’s court to try the said offences

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