Full Judgment Text
2025 INSC 695
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
SUO MOTO WRIT PETITION (CRIMINAL) No(s). 1/2019
IN RE : ALARMING RISE IN THE NUMBER OF
REPORTED CHILD RAPE INCIDENTS
WITH
C.A. No. 7968/ 2019
J U D G M E N T
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 rise in the
number of reported child rape incidents,” and
requested the 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
Signature Not Verified
Digitally signed by
NISHA KHULBEY
Date: 2025.05.15
13:05:49 IST
Reason:
India. Accordingly, the Court after hearing the
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 1 of 8
Learned Amicus Curiae Mr. V. Giri, the Solicitor
General Mr. Tushar Mehta and the Registrar Mr.
Rathi, on the timely completion of investigations and
consequential Trials of the offences under the
Protection of Children from Sexual Offences Act,
2012 (POCSO Act) gave certain directions vide the
Order dated 25.07.2019. The said directions are
reproduced hereinbelow: -
O R D E R
“Having considered the matter, we have
deemed it proper to issue the following
directions, which will be implemented by the
Union of India and the State Governments
forthwith: -
(i) In each district of the country, if there
are more than 100 cases under the
POCSO Act, an exclusive/designated
special Court will be set up, which will try
no other offence except those under the
POCSO Act.
(ii) Such Courts will be set up under a
Central scheme and will be funded by the
Central Government, which fund will not
only take care of the appointment of the
Presiding Officer, but also the
appointments of support persons,
Special Public Prosecutors, Court staff
and infrastructure including creation of
child friendly environment and vulnerable
witness Court rooms, etc.
(iii) While drawing up the panel(s) of
support persons in each district which
should not exceed a reasonable number
keeping in mind the total number of
cases to be tried by the special Court to
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 2 of 8
be set up in each district, care should be
taken to appoint persons who are
dedicated to the cause and apart from
academic qualifications are oriented
towards child rights; are sensitive to the
needs of a child and are otherwise child
friendly. The same standards would also
apply in the matter of appointment of
Special Public Prosecutors.
(iv) The following suggestions of the
learned Amicus Curiae shall also be
implemented by the Ministry of Women
and Child Development through such
agency as may be considered
appropriate: -
“(e) A short clip intended to spread
an awareness of the subject in
general, namely, prevention of
child abuse and prosecution of
crimes against children, should
necessarily be screened in every
movie hall and could also be
transmitted by various television
channels at regular intervals. A
child helpline number should also
be displayed not only in such clip
but also at various other
prominent places, in schools and
other public places.”
From the reports of the learned Amicus
Curiae, it appears to us that one of the major
causes of delay in winding up the investigations
and in cases where chargesheets have been
filed, in winding up the trial, is delay in receipt of
the reports from the Forensic Science
Laboratory. The learned Amicus Curiae’s
suggestion is that there should be designated
Forensic Science Laboratories in every district
of the country for the purposes of the POCSO
Act. We are of the view that the said suggestion
could await orders of the Court at a later stage.
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 3 of 8
For the present, we direct the Directors of
the State Forensic Science Laboratories and the
concerned authority in the State Government to
ensure that the existing and available Forensic
Science Laboratories in each State will function
in an effective manner insofar as analysis etc. of
the samples collected under the POCSO Act are
concerned and reports of such analysis be sent
promptly and without any delay. The Chief
Secretaries of all the States and Union
Territories are directed to ensure that the above
direction of the Court is complied with forthwith.”
2. Subsequently, various directions came be to issued
from time to time calling upon the States and the
Registrar Generals of all High Courts to furnish the
information mentioned in the said Order. On
13.11.2019, the Registrar of Supreme Court
submitted a Report detailing percentage share of
different types of POCSO offences, upon which the
Court directed the State Governments and Union of
India to do the needful to ensure that all stages of
investigation as well as of the Trials, as contemplated
under the POCSO Act, are complied within the
timeframe. The Court also directed the Union of India
and the State Governments to take steps for
sensitization of officials associated with the
investigation and also for creation or assignment of
dedicated Courts to try POCSO Cases on top priority.
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 4 of 8
3. With regard to setting up of exclusive POCSO Courts
in the country, this Court noticing that there were
large number of POCSO Cases pending throughout
the country laid down the parameters to be followed
and gave directions for setting up exclusive POCSO
Courts in each State. The Court laid down separate
criteria for the States of Uttar Pradesh and West
Bengal where the pendency of POCSO Cases was
extremely high, vide the Order dated 16.12.2019.
The Court had also expressed its desire to consider
the issue of framing National scheme for payment of
compensation to the victims of offences under the
POCSO Act.
4. During the course of hearing of the issues involved,
the Court had also expected the State Governments
to establish dedicated Forensic Science Laboratories
for POCSO Cases to expedite the investigation and
had also expressed grave concern about the
inadequate number of Public Prosecutors in the
POCSO Courts. The issues with regard to providing
security to the Victim and the Witnesses in Unnao
Case were also addressed by passing necessary
orders.
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 5 of 8
5. It appears that the matter remained pending for quite
a long time for consideration of the issues to be
addressed to by the State Governments and the High
Courts. On 24.09.2024, the Court requested the
Amicus Curiae Mr. V. Giri and also Sr. Advocate Ms.
Uttara Babbar to submit State-wise details with
regard to the Status of the POCSO Courts in view of
the earlier directions given by the Court from time to
time. Accordingly, they have submitted a brief note of
Submissions as also the Chart showing the Status as
regards the POCSO Cases pending in the POCSO
Courts under each of the High Courts. Having regard
to the Chart showing the Status of POCSO Cases
and POCSO Courts in each State, it appears that
majority of the States with the funding from the
Central government have complied with the
directions issued by the Court for setting up exclusive
courts for POCSO cases, however, in certain States
like Tamil Nadu, Bihar, Uttar Pradesh, West Bengal,
Orissa, Maharashtra etc., there is still a need to
create more POCSO Courts considering the
pendency of the POCSO cases.
6. In our opinion, since the timelines have been
stipulated under the POCSO Act for all stages right
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 6 of 8
from the stage of Investigation up to the stage of Trial,
the same must be adhered to as far as possible.
Because of the inadequacy of the number of
exclusive Courts for the POCSO Cases, the said
timelines mandated in the Act for completion of the
trials are not being maintained. It is therefore
expected that the Union of India and the State
Governments shall take appropriate steps to
sensitize the officials associated with the
investigation of POCSO cases, and also to create
dedicated Courts to try POCSO Cases on top priority
basis, and to see to it that the chargesheets are filed
within the mandatory period stipulated in the Act, and
the Trials are completed within the time frame as
contemplated in the Act.
7. We would be failing in our duty, if we do not place on
record, our appreciation for the very able assistance
rendered by the learned Senior Counsels Mr. V. Giri
and Ms. Babbar during this Suo Moto proceedings.
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 7 of 8
8. Subject to the above, the Suo-Moto proceedings
need to be closed and are hereby closed.
……..…………………………. J.
[BELA M. TRIVEDI]
……..…………………………. J.
[PRASANNA B. VARALE]
NEW DELHI,
th
MAY 15 , 2025
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 8 of 8
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
SUO MOTO WRIT PETITION (CRIMINAL) No(s). 1/2019
IN RE : ALARMING RISE IN THE NUMBER OF
REPORTED CHILD RAPE INCIDENTS
WITH
C.A. No. 7968/ 2019
J U D G M E N T
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 rise in the
number of reported child rape incidents,” and
requested the 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
Signature Not Verified
Digitally signed by
NISHA KHULBEY
Date: 2025.05.15
13:05:49 IST
Reason:
India. Accordingly, the Court after hearing the
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 1 of 8
Learned Amicus Curiae Mr. V. Giri, the Solicitor
General Mr. Tushar Mehta and the Registrar Mr.
Rathi, on the timely completion of investigations and
consequential Trials of the offences under the
Protection of Children from Sexual Offences Act,
2012 (POCSO Act) gave certain directions vide the
Order dated 25.07.2019. The said directions are
reproduced hereinbelow: -
O R D E R
“Having considered the matter, we have
deemed it proper to issue the following
directions, which will be implemented by the
Union of India and the State Governments
forthwith: -
(i) In each district of the country, if there
are more than 100 cases under the
POCSO Act, an exclusive/designated
special Court will be set up, which will try
no other offence except those under the
POCSO Act.
(ii) Such Courts will be set up under a
Central scheme and will be funded by the
Central Government, which fund will not
only take care of the appointment of the
Presiding Officer, but also the
appointments of support persons,
Special Public Prosecutors, Court staff
and infrastructure including creation of
child friendly environment and vulnerable
witness Court rooms, etc.
(iii) While drawing up the panel(s) of
support persons in each district which
should not exceed a reasonable number
keeping in mind the total number of
cases to be tried by the special Court to
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 2 of 8
be set up in each district, care should be
taken to appoint persons who are
dedicated to the cause and apart from
academic qualifications are oriented
towards child rights; are sensitive to the
needs of a child and are otherwise child
friendly. The same standards would also
apply in the matter of appointment of
Special Public Prosecutors.
(iv) The following suggestions of the
learned Amicus Curiae shall also be
implemented by the Ministry of Women
and Child Development through such
agency as may be considered
appropriate: -
“(e) A short clip intended to spread
an awareness of the subject in
general, namely, prevention of
child abuse and prosecution of
crimes against children, should
necessarily be screened in every
movie hall and could also be
transmitted by various television
channels at regular intervals. A
child helpline number should also
be displayed not only in such clip
but also at various other
prominent places, in schools and
other public places.”
From the reports of the learned Amicus
Curiae, it appears to us that one of the major
causes of delay in winding up the investigations
and in cases where chargesheets have been
filed, in winding up the trial, is delay in receipt of
the reports from the Forensic Science
Laboratory. The learned Amicus Curiae’s
suggestion is that there should be designated
Forensic Science Laboratories in every district
of the country for the purposes of the POCSO
Act. We are of the view that the said suggestion
could await orders of the Court at a later stage.
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 3 of 8
For the present, we direct the Directors of
the State Forensic Science Laboratories and the
concerned authority in the State Government to
ensure that the existing and available Forensic
Science Laboratories in each State will function
in an effective manner insofar as analysis etc. of
the samples collected under the POCSO Act are
concerned and reports of such analysis be sent
promptly and without any delay. The Chief
Secretaries of all the States and Union
Territories are directed to ensure that the above
direction of the Court is complied with forthwith.”
2. Subsequently, various directions came be to issued
from time to time calling upon the States and the
Registrar Generals of all High Courts to furnish the
information mentioned in the said Order. On
13.11.2019, the Registrar of Supreme Court
submitted a Report detailing percentage share of
different types of POCSO offences, upon which the
Court directed the State Governments and Union of
India to do the needful to ensure that all stages of
investigation as well as of the Trials, as contemplated
under the POCSO Act, are complied within the
timeframe. The Court also directed the Union of India
and the State Governments to take steps for
sensitization of officials associated with the
investigation and also for creation or assignment of
dedicated Courts to try POCSO Cases on top priority.
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 4 of 8
3. With regard to setting up of exclusive POCSO Courts
in the country, this Court noticing that there were
large number of POCSO Cases pending throughout
the country laid down the parameters to be followed
and gave directions for setting up exclusive POCSO
Courts in each State. The Court laid down separate
criteria for the States of Uttar Pradesh and West
Bengal where the pendency of POCSO Cases was
extremely high, vide the Order dated 16.12.2019.
The Court had also expressed its desire to consider
the issue of framing National scheme for payment of
compensation to the victims of offences under the
POCSO Act.
4. During the course of hearing of the issues involved,
the Court had also expected the State Governments
to establish dedicated Forensic Science Laboratories
for POCSO Cases to expedite the investigation and
had also expressed grave concern about the
inadequate number of Public Prosecutors in the
POCSO Courts. The issues with regard to providing
security to the Victim and the Witnesses in Unnao
Case were also addressed by passing necessary
orders.
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 5 of 8
5. It appears that the matter remained pending for quite
a long time for consideration of the issues to be
addressed to by the State Governments and the High
Courts. On 24.09.2024, the Court requested the
Amicus Curiae Mr. V. Giri and also Sr. Advocate Ms.
Uttara Babbar to submit State-wise details with
regard to the Status of the POCSO Courts in view of
the earlier directions given by the Court from time to
time. Accordingly, they have submitted a brief note of
Submissions as also the Chart showing the Status as
regards the POCSO Cases pending in the POCSO
Courts under each of the High Courts. Having regard
to the Chart showing the Status of POCSO Cases
and POCSO Courts in each State, it appears that
majority of the States with the funding from the
Central government have complied with the
directions issued by the Court for setting up exclusive
courts for POCSO cases, however, in certain States
like Tamil Nadu, Bihar, Uttar Pradesh, West Bengal,
Orissa, Maharashtra etc., there is still a need to
create more POCSO Courts considering the
pendency of the POCSO cases.
6. In our opinion, since the timelines have been
stipulated under the POCSO Act for all stages right
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 6 of 8
from the stage of Investigation up to the stage of Trial,
the same must be adhered to as far as possible.
Because of the inadequacy of the number of
exclusive Courts for the POCSO Cases, the said
timelines mandated in the Act for completion of the
trials are not being maintained. It is therefore
expected that the Union of India and the State
Governments shall take appropriate steps to
sensitize the officials associated with the
investigation of POCSO cases, and also to create
dedicated Courts to try POCSO Cases on top priority
basis, and to see to it that the chargesheets are filed
within the mandatory period stipulated in the Act, and
the Trials are completed within the time frame as
contemplated in the Act.
7. We would be failing in our duty, if we do not place on
record, our appreciation for the very able assistance
rendered by the learned Senior Counsels Mr. V. Giri
and Ms. Babbar during this Suo Moto proceedings.
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 7 of 8
8. Subject to the above, the Suo-Moto proceedings
need to be closed and are hereby closed.
……..…………………………. J.
[BELA M. TRIVEDI]
……..…………………………. J.
[PRASANNA B. VARALE]
NEW DELHI,
th
MAY 15 , 2025
SUO MOTO W.P. (CRL.) NO.1 OF 2019 Page 8 of 8