HC issues guidelines for effective implementation of POCSO Act

HC issues guidelines for effective implementation of POCSO Act

Mumbai, Apr 8 (PTI) The Bombay High Court on Thursday
issued guidelines for effective implementation of provisions
of the Protection of Children from Sexual Offences (POCSO)
Act.

A bench of Chief Justice Dipankar Datta and Justice G
S Kulkarni also issued directions to ensure that victims in
POCSO cases can participate in various stages of judicial
proceedings under the Act.

The bench said henceforth, all special juvenile police
units (SJPU) must give a court, reasons in writing, if the
victim”s family, guardian or legal counsel could not be
informed of judicial proceedings in a case.

The High Court”s judgement came on a public interest
litigation filed by social worker Arjun Malge.

In his plea, Malge had highlighted the rampant breach
of salutary sections of the POCSO Act.

His counsel Somashekhar Sundaresan said Malge found
that in many POCSO cases, the police and trial courts failed
to discharge their duties by not informing the victims of
progress of the investigation and case.

Sunderesan pointed out the lack of implementation of
section 439(1)(a) of the Act that provides for a victim to be
notified in case a bail application is moved by the accused,
and for the presence of a relative or a “support person” of
the minor victim during case hearings.

Malge sought the court”s intervention to ensure
“strict implementation” of such provisions.

In its judgement on Thursday, HC said that the SJPUs
must mandatorily inform victims” guardians of all court
proceedings, issue notices, intimations, etc., in accordance
with the Act.

The court also directed all concerned courts to
ascertain, before hearing a bail application under the Act,
the status of service of the notice to the minor victim”s
family.

In case a notice had not been issued, the court must
issue reasoned orders to secure the “ends of justice”, the
bench said.

Copies of its judgement must be circulated among
sessions courts, police authorities, the director of
prosecution, legal services authorities, all presiding
officers for effective implementation of the Act, the court
said. PTI AYA
ARU ARU

Disclaimer :- This story has not been edited by Bollyinsidestaff and is auto-generated from news agency feeds. Source: PTI

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