3 special courts to deal with POCSO cases against MP/MLAs to be set up in 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 in the national capital, Raj Niwas officials said on Thursday.

The Delhi High Court, through a letter dated December 1, 2020, had directed for setting up these courts.

“It took more than two years and seven months for the Delhi government – its law department under Kailash Gahlot, women and child development (WCD) department under Atishi, and the chief minister to finally recommend the setting up of these courts through a file dated June 27 sent to LG for approval,” the official said.

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

The proposal seeking LG’s approval for the creation of these designated/special courts was moved by the women and child department.

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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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