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Criminal · Reportable judgment

In Re : Alarming Rise in the Number of Reported Child Rape Incidents vs -

Court
Supreme Court of India
Date
15 May 2025
Case No.
Suo Moto Writ Petition (Criminal) No. 1 of 2019
Bench
Bela M. Trivedi, Prasanna Bhalachandra Varale
Citation
[2025] 5 S.C.R. 1047 : 2025 INSC 695
Acts & Sections
Constitution Protection of Children against Sexual…
Supreme Court Reports [2025] 5 S.C.R. 1047 : 2025 INSC 695
Issue for consideration
Matter pertains to suo moto cognizance taken by this Court in child rape cases; and directions to Union and States Government to set up Special POCSO Courts on top priority, and timeline compliances.
Headnote

Protection of Children against Sexual Offences Act, 2012 – Child rape cases – Alarming increase in number of reported child rape incidents in view of various news reports – Suomoto cognizance by this Court – Issuance of directions for setting up of special courts exclusively designated for trying offences under the POCSO – Subsequently, directions issued from time to time calling upon the States and the High Courts to furnish information – Submissions of report showing status of POCSO cases pending in courts:

Held: Majority of the States with the funding from Central government have complied with the directions issued by the Court for setting up exclusive courts for POCSO cases, however in certain states-Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Orissa, Maharashtra, there is still need to create more POCSO courts considering the pendency of POCSO cases – Timelines stipulated under POCSO Act for all stages must be adhered to as far as possible – Because of inadequacy of exclusive courts for POCSO cases, timelines mandated in the Act are not being maintained – Union of India and State Governments to take appropriate steps to sensitize the officials associated with investigation of POCSO cases, and also to create dedicated courts to try POCSO cases on top priority basis, and to see to it that chargesheets are filed within the mandatory period stipulated in the Act, and trials are completed within the time frame as contemplated in the Act. [Paras 5, 6]

Keywords: Suo-moto cognizance · Child rape incidents · Reported child rape incidents · Special courts for offences under POCSO Act · Directions issued by this Court · Status of POCSO cases pending in POCSO courts · Timelines stipulated under POCSO Act · Inadequacy of exclusive courts for POCSO cases · Sensitisation of officials associated with investigation of POCSO cases

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Bela M. Trivedi, J. 1. This Court vide the order dated 12.07.2019 had directed the Registry to register a Suo Moto Writ Petition under the caption “In Re Alarming Learned Senior Counsel Mr. V. Giri to assist the Court in formulating the directions that may be required to be issued. The said cognizance was taken by the Court in view of the various news reports with regard to the increase of child rape cases in India. Accordingly, the Court after hearing the Learned Amicus Curiae Mr. V. Giri, the Solicitor General Mr. Tushar Mehta and the Registrar Mr. Rathi, on the timely completion
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