POCSO Act Section 28 — Designation of Special Courts

Summary

Sub-section (1) requires the State Government, after consulting the Chief Justice of the High Court, to officially designate a Court of Session in each district as a Special Court to try offences under this Act, with the aim of ensuring a speedy trial. However, if a Court of Session has already been notified as a children's court under the Commissions for Protection of Child Rights Act, 2005, or has been designated as a Special Court for similar purposes under any other current law, that court is automatically treated as a Special Court under this section.

Sub-section (2) states that while a Special Court is trying an offence under this Act, it can also try any other offence that the accused may be charged with at the same trial under the Code of Criminal Procedure, 1973, even if that other offence is not covered by sub-section (1).

Sub-section (3) gives the Special Court jurisdiction to try offences under section 67B of the Information Technology Act, 2000, despite anything in that Act, but only to the extent that those offences relate to publishing or transmitting sexually explicit material depicting children in any act, conduct, or manner, or facilitating the abuse of children online.

Official Text

(1) For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act:

Provided that if a Court of Session is notified as a children’s court under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006)or a Special Court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this section.

(2) While trying an offence under this Act, a Special Court shall also try an offence other than the offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974) be charged at the same trial.

(3) The Special Court constituted under this Act, notwithstanding anything in the Information Technology Act, 2000 (21 of 2000)shall have jurisdiction to try offences under section 67B of that Act in so far as it relates to publication or transmission of sexually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children online.

Referred to by

• POCSO Act §2 — Definitions

Related Judgments

• GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI vs STATE OF KARNATAKA & ORS — Supreme Court of India (2022)
• ALAKH ALOK SRIVASTAVA vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)
• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• MOTHER MINOR VICTIM NO. 1 & 2 vs STATE & ORS — Delhi High Court (2020)