Protection of Children from Sexual Offences (POCSO) Act: Challenges and Developments
The POCSO Act, established in 2012, was created to address specific offenses against children, offering child-friendly procedures and time-bound trials. It emerged because existing laws under the Indian Penal Code did not adequately address child-specific issues.
Fast Track Special Courts
- India achieved a milestone in 2025 with fast track special courts clearing more child sexual offence cases than those registered under the POCSO Act.
- The courts achieved a 109% disposal rate, closing 87,754 cases against 80,320 registered.
- There are 773 fast track special courts, 400 dedicated to POCSO cases, operational since October 2019 with funding from the Nirbhaya Fund.
- These courts have managed to clear 3,50,685 cases by September 2025.
Challenges in the Legal Process
- Despite faster disposals, conviction rates have dropped from 35% in 2019 to 29% in 2023.
- This indicates that rapid case clearance compromises the quality of justice delivered.
- Investigations are often hurried, with incomplete charge sheets and delayed forensic reports, especially in states like Uttar Pradesh and Maharashtra.
Support Systems and Judicial Gaps
- The enforcement of support persons, as mandated under Section 39 of the POCSO Act, remains inadequate, with several states yet to comply.
- The absence of para-legal volunteers (PLVs) at police stations exacerbates issues faced by victims and their families.
- For instance, only 42 of 919 police stations in Andhra Pradesh have PLVs, with none in Tamil Nadu across 1,577 stations.
Recommendations and Practical Fixes
- Utilize Right to Information (RTI) for tracking support persons and ensuring strict lab-report deadlines.
- Introduce case bundling for older files and conduct quarterly audits to identify weak states.
- Madhya Pradesh demonstrates success by speeding up forensics and securing convictions.
Judicial and Societal Issues
- Some courts have acquitted accused individuals if they offer to marry the survivors, despite existing convictions.
- There are calls for a review of the age of consent and considerations of consensual relationships under the POCSO Act.
- Interim compensation for victims is often delayed, impacting the education and financial stability of affected families.
Concluding Observations
While fast track courts have increased disposal rates, this has not equated to fair justice for victims, with gaps in support systems, judicial processes, and societal attitudes towards adolescent relationships under the POCSO Act. Comprehensive reforms are necessary to ensure justice and support for child survivors of sexual offences.
