Section 28 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Designation of Special Courts
Section 28 of the POCSO Act provides for the establishment of Special Courts to deal exclusively with offences under the Act. The purpose is to ensure speedy, child-friendly, and sensitive trial proceedings for cases involving sexual offences against children.
Key Provisions
- Establishment of Special Courts
- The State Government, in consultation with the High Court, must designate a Sessions Court as a Special Court to try offences under the POCSO Act.
- Use of Existing Courts
- Where a Children’s Court under the Commissions for Protection of Child Rights Act, 2005, already exists, that court can also function as the Special Court under POCSO.
- Jurisdiction
- The Special Court has the authority to try cases exclusively under the POCSO Act.
- It may also try offences under the Indian Penal Code (IPC) or any other law, if those offences are connected with the same facts of the case.
- Objective
- To provide an environment where trials are expeditious, victim-centric, and sensitive to the needs of children.
Conclusion
Section 28 ensures that cases of child sexual abuse are handled by specially designated courts, equipped to deal with such sensitive matters. By centralizing these cases in Special Courts, the law aims to avoid delays, reduce trauma to child victims, and deliver justice in a time-bound manner.