Pocso rules: Bombay HC asks cops, courts to inform survivors, kin about cases

The court issued guidelines for effective participation of survivor at various stages of judicial process for cases under Pocso Act and put additional duties on special juvenile police unit to inform the survivor’s family.

The Bombay high court (HC) while laying down guidelines to be followed in cases under Protection of Children from Sexual Offences (Pocso) Act, has made it mandatory for investigating officers and lower courts to inform the family of the survivor about the court case so that they are present for the hearing/trial. The guidelines were issued after hearing a public interest litigation (PIL) filed by an activist who claimed that the families of many survivors were not aware of the trials against the accused, as a result of which the accused managed to get bail without the survivor getting a chance to express her opposition.

Bombay high court. (HT FILE)

A division bench of chief justice Dipankar Datta and justice Girish Kulkarni while hearing the PIL by Arjun Malge was informed that as per the Pocso Act and Rules and the Criminal Procedure Code (CrPC), it is the duty of the special juvenile police unit (SPJU) to provide a child assistance of a legal counsel of his/her choice. The unit is also expected to inform the survivor’s parent or guardian about the developments, including arrest of the accused, applications filed by the accused and other court proceedings.

Malge’s petition submitted that as the police were not doing their duty, in many instances the accused were able to secure bail. As the survivor and their families were not aware of the same, they could not exercise their right to appeal against the conviction, seek cancellation of bail or be heard in case the accused approached the court to quash criminal proceedings. Malge also cited examples of accused getting bail from lower courts in the absence of the survivor or their families.

In light of these submissions, he sought framing of guidelines to ensure that the concerned authorities complied with the provisions under the Pocso Act and its rules.

The bench issued guidelines for effective participation of survivor at various stages of judicial process for cases under Pocso Act and put additional duties on SPJU to inform the survivor’s family. The court also directed lower courts to ensure that the survivor, his/her family or counsel are informed about court proceedings, and to make such reasoned order as it deems fit to secure the ends of justice, taking into account any emergent circumstances that warrant dealing with the application in the absence of the child’s family or guardian or legal counsel.

The bench then directed the order to be widely circulated with sessions courts in the state, director general of police, superintendent of police, and director of prosecution state of Maharashtra and state legal services authorities. It also granted liberty to presiding officers to frame such stipulations and requirements as they deem necessary to operationalise and administer the provisions of the Act and comply with the HC order.