SC Orders Centre to Prioritise Setting Up Exclusive POCSO Courts Amid Rising Case Backlog

SC Orders Centre to Prioritise Setting Up Exclusive POCSO Courts Amid Rising Case Backlog

The Supreme Court has directed the Central Government to urgently establish dedicated courts for trying cases under the Protection of Children from Sexual Offences (POCSO) Act.

Emphasising the matter as one of "top priority," a bench of Justices Bela M Trivedi and P B Varale observed that the shortage of exclusive POCSO courts is causing significant delays and leading to non-compliance with statutory timelines for the completion of trials.

The Court underscored the critical need for both the Union and State Governments to act swiftly—not only to create exclusive courts but also to sensitise all officials involved in the investigation and prosecution of POCSO cases. It reiterated the importance of adhering to the mandatory time limits for filing charge sheets and concluding trials, as stipulated under the Act.

While acknowledging that several states—supported financially by the Central Government—have complied with previous directives to set up special POCSO courts, the Bench noted that states like Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Odisha, and Maharashtra still face significant pendency and require the establishment of additional courts.

This direction was issued in a suo motu matter concerning the disturbing rise in child sexual abuse cases across the country. To assist the Court in monitoring implementation, senior advocates V Giri and Uttara Babbar had earlier been appointed as amici curiae to collect and submit detailed, state-wise data on the status of POCSO courts.

In its latest order, the apex court clarified that in any district where pending POCSO cases exceed 300, at least two exclusive courts must be established. It also reaffirmed its July 2019 directive, which mandated that every district with more than 100 FIRs under the POCSO Act must have at least one court solely dedicated to such cases.

The ruling signals the Court's continued concern over the systemic delays in handling child sexual abuse cases and its commitment to ensuring that survivors receive timely justice.

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