The Supreme Court on Thursday directed the Union Government to urgently establish dedicated courts for the exclusive trial of cases under the Protection of Children from Sexual Offences (POCSO) Act, citing delays in justice delivery due to an inadequate number of such courts.
A bench comprising Justices Bela M Trivedi and P B Varale observed that the timelines mandated under the POCSO Act for the completion of trials were not being adhered to because of the scarcity of exclusive courts handling these sensitive cases.
“It is therefore expected that the Union of India and the state governments shall take appropriate steps to sensitise the officials associated with the investigation of POCSO cases, and also to create dedicated courts to try POCSO cases on top priority basis,” the bench said.
The court also reiterated the statutory requirement for chargesheets to be filed within the legally stipulated period and for trials to be concluded within the prescribed time frame.
During the hearing of a suo motu case highlighting the alarming rise in incidents of child sexual abuse, the bench noted that while many states have complied with its previous directions—with financial assistance from the Centre—some states continue to lag behind. The court specifically pointed to Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Odisha, Maharashtra, and a few other states as regions where more POCSO courts were urgently required due to a high pendency of cases.
The court had earlier tasked senior advocates V Giri (amicus curiae) and Uttara Babbar to submit detailed state-wise reports on the status of POCSO courts.
To further address the growing backlog, the bench ordered states to establish at least two designated courts in districts where pending POCSO cases exceed 300. It clarified that the court’s July 2019 directive—which called for setting up a special POCSO court in every district with more than 100 FIRs under the Act—meant that such courts should be dedicated exclusively to POCSO matters.
