Bombay HC Issues Guidelines for Implementation of POSCO Act

On Wednesday, a Bench comprising of Chief Justice Dipankar Datta and Justice GS Kulkarni provided guidelines for effective compliance with the rules of the Protection of Children from Sexual Offences Act (POCSO Act) in order to ensure victim presence at all stages of the judicial process.

Arjun Malge, who is a social worker, filed a petition pointing out to the noncompliance with the terms of the POCSO Act and the Code of Criminal Procedure (CrPC). According to his plea, the POSCO Act has failed to ensure effective participation in the Judicial Process.

The social activist was represented by Advocates Saziya Mukadam and Priyanka Mali which stated that there had been several instances wherein the trial court and police have failed to comply with the following sections:

• Section 40 (right of the child to take the assistance of legal practitioner) of the POCSO Act
• Rule 4(2)(f) (inform the child of such right) of the POCSO Rules
• Section 439 (1-A) (presence of victim/ guardian/ legal counsel during the hearing of bail application moved by accused) of the CrPC.

In its affidavit filed in response to the petition, the Maharashtra Commission for Protection of Child Rights agreed with the petitioner's legal submissions. The Court ordered all parties to request proposed reliefs for successful compliance with the provisions.

The Bench also issued orders entrusting the Special Juvenile Police Unit (SJPU) with additional responsibilities of informing victims' families, and directed that a copy of the judgement be distributed to all presiding officers of all Sessions Courts in Maharashtra, the Director-General and Superintendent of Maharashtra Police, the Director of Prosecution, State of Maharashtra, and Maharashtra State Legal Authorities.