Introduction 

The Protection of Children from Sexual Offences (POCSO) Act establishes a comprehensive framework for special courts to ensure swift and effective justice for crimes against children. Chapter VII of the Act mandates the creation of specialized judicial mechanisms designed to handle cases with sensitivity and expertise. This framework represents a significant advancement in India's child protection legal system, prioritizing the welfare of minor victims through dedicated judicial processes. 

Designation and Establishment of Special Courts 

• Section 28 - Designation of Special Courts 
  • The State Government, in consultation with the Chief Justice of the High Court, shall designate Special Courts in each district for the exclusive purpose of trying offences under the POCSO Act.  
  • These courts are established to ensure speedy trials and specialized handling of child sexual abuse cases. 
• Key Provisions: 
  • Each district must have a designated Special Court from existing Courts of Session 
  • Courts already notified as children's courts under the Commissions for Protection of Child Rights Act, 2005 are deemed Special Courts under POCSO 
  • Special Courts have jurisdiction over related offences that can be tried simultaneously under the Code of Criminal Procedure, 1973 
  • These courts possess authority to try offences under Section 67B of the Information Technology Act, 2000, specifically relating to sexually explicit material depicting children 

Judicial Presumptions and Burden of Proof 

• Section 29 - Presumption as to Certain Offences 
  • Special Courts operate under a reversed burden of proof mechanism for specific offences under the POCSO Act. When a person is prosecuted for committing, abetting, or attempting offences under Sections 3, 5, 7, and 9, the court shall presume guilt unless the accused proves otherwise. 
• Section 30 - Presumption of Culpable Mental State 
  • The law establishes a presumption regarding the mental state of the accused in POCSO cases. The Special Court shall presume the existence of culpable mental state, placing the burden on the accused to prove absence of such mental state beyond reasonable doubt. 
  • Culpable Mental State Includes: 
    • Intention to commit the offence. 
    • Motive behind the criminal act. 
    • Knowledge of relevant facts. 
    • Belief in or reason to believe specific facts. 

Procedural Framework and Legal Application 

• Section 31 - Application of Criminal Procedure Code 
  • Special Courts function under the provisions of the Code of Criminal Procedure, 1973, with specific adaptations for POCSO cases. These courts are deemed Courts of Session for procedural purposes, ensuring consistency with established criminal justice procedures while maintaining specialized focus on child protection. 
• Procedural Aspects: 
  • All CrPC provisions apply unless specifically modified by the POCSO Act. 
  • Bail and bond provisions remain applicable. 
  • Special Courts maintain the same authority as regular Sessions Courts. 
  • Prosecutors before Special Courts are deemed Public Prosecutors under CrPC. 

Appointment of Special Public Prosecutors 

• Section 32 - Special Public Prosecutors 
  • The Act mandates appointment of dedicated Special Public Prosecutors for each Special Court to ensure specialized prosecution in POCSO cases. These prosecutors are exclusively assigned to handle cases under the POCSO Act provisions. 
• Eligibility and Appointment Criteria: 
  • Minimum seven years of practice as an advocate. 
  • Appointed by the State Government through official gazette notification. 
  • Deemed Public Prosecutors under Section 2(u) of CrPC, 1973. 
  • Exclusive jurisdiction over POCSO Act cases. 
  • Subject to all provisions applicable to Public Prosecutors under the Criminal Procedure Code. 
• Professional Requirements: 
  • Demonstrated expertise in criminal law. 
  • Understanding child psychology and trauma-informed approaches. 
  • Commitment to sensitive handling of child victim cases. 
  • Adherence to specialized prosecution protocols for child sexual abuse cases. 

Conclusion 

The Special Courts framework under the POCSO Act represents a paradigm shift in India's approach to child sexual abuse cases, emphasizing specialized judicial handling and swift justice delivery. Through designated courts, reversed burden of proof, and specialized prosecutors, the Act ensures that child victims receive appropriate legal protection and support. This comprehensive framework demonstrates the legislature's commitment to creating a child-friendly justice system that prioritizes the welfare and rights of minor victims while ensuring fair trial principles.