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Guidelines issued by Bombay High Court for effective compliance with POCSO Act .
The Court issued orders, among other items, placing extra responsibilities on the Special Juvenile Police Unit (SJPU) when it comes to informing the victim's family.
In a significant order, the Bombay High Court on Thursday released a slew of directives and instructions to be followed by probe teams, prosecutors, and even the special courts concerned with the Protection of Children from Sexual Offences (POCSO) Act.
On Wednesday, the Bombay High Court released guidance for successful compliance with the requirements of the Protection of Children from Sexual Offences Act (POCSO Act) in order to ensure victims participation in the judicial process at different levels (Arjun Malge v. State of Maharashtra).
These rules, according to a bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni, would ensure increased witness involvement in criminal cases involving sexual harassment of minors.
The order was issued in response to a criminal public interest lawsuit (CRPIL) brought by Arjun Malge, an attorney who deals directly with minor victims of sexual offences.
Sundaresan informed the Court of similar concerns that had been presented before the Delhi High Court, which resulted in the issuance of procedure guidelines to ensure proper execution of the CrPC's amended Section 439 (1-A).
The procedure directives were not only upheld by the Court, but they were also ordered to be applicable to offences under the POCSO Act.
He made the following legal arguments:
1.The right to engage legal counsel for a victim under Section 40 of the POCSO Act is a right to legal representation in court, not only legal advice and counsel outside of trials.
2.Every application made during the trial gave a right to the victim's attorney to be present and participate in the proceedings, and every application made during the hearing gave a right to the child's representative to be present and participate in the proceedings.
3.When the power to hire a lawyer is used, the lawyer has the right to appear in the trial as directed by the public prosecutor.
4.If the offence is one protected by the rules of the Indian Penal Code (IPC) referred to in Section 439 dealing with rape, the court shall hear the individual before granting bail.
In response to the petition, the Maharashtra Commission for Protection of Child Rights filed an affidavit in which it agreed with the petitioner's legal arguments.
The Court issued orders, among other items, placing extra responsibilities on the Special Juvenile Police Unit (SJPU) when it comes to informing the victim's family.
In a significant order, the Bombay High Court on Thursday released a slew of directives and instructions to be followed by probe teams, prosecutors, and even the special courts concerned with the Protection of Children from Sexual Offences (POCSO) Act.
On Wednesday, the Bombay High Court released guidance for successful compliance with the requirements of the Protection of Children from Sexual Offences Act (POCSO Act) in order to ensure victims participation in the judicial process at different levels (Arjun Malge v. State of Maharashtra).
These rules, according to a bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni, would ensure increased witness involvement in criminal cases involving sexual harassment of minors.
The order was issued in response to a criminal public interest lawsuit (CRPIL) brought by Arjun Malge, an attorney who deals directly with minor victims of sexual offences.
Sundaresan informed the Court of similar concerns that had been presented before the Delhi High Court, which resulted in the issuance of procedure guidelines to ensure proper execution of the CrPC's amended Section 439 (1-A).
The procedure directives were not only upheld by the Court, but they were also ordered to be applicable to offences under the POCSO Act.
He made the following legal arguments:
1.The right to engage legal counsel for a victim under Section 40 of the POCSO Act is a right to legal representation in court, not only legal advice and counsel outside of trials.
2.Every application made during the trial gave a right to the victim's attorney to be present and participate in the proceedings, and every application made during the hearing gave a right to the child's representative to be present and participate in the proceedings.
3.When the power to hire a lawyer is used, the lawyer has the right to appear in the trial as directed by the public prosecutor.
4.If the offence is protected by the rules of the Indian Penal Code (IPC) referred to in Section 439 dealing with rape, the court shall hear the individual before granting bail.
In response to the petition, the Maharashtra Commission for Protection of Child Rights filed an affidavit in which it agreed with the petitioner's legal arguments.
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