Madras HC orders speedy trial of sexual offence cases, tells courts to avoid unnecessary delays

Chennai, July 29 (IANS) The Madras High Court has directed all courts in Tamil Nadu handling sexual offence cases to make every effort to complete trials within two months, stressing that adjournments should not be granted except in truly exceptional circumstances that are to be recorded in writing.

A division bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan issued the directions while reiterating the statutory timelines prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Protection of Children from Sexual Offences (POCSO) Act.

Strict adherence to these timelines was essential to ensure timely justice for survivors of sexual offences, particularly children, it noted.

The bench directed the Registrar General of the Madras High Court to circulate fresh instructions to all district and sessions courts across the state, reminding them of the mandatory requirement under Section 346(1) of the BNSS to conclude trials within two months from the date of filing of the police charge sheet.

It also ordered the reissue of a 2024 circular addressed to all special POCSO courts, directing presiding officers to record the evidence of child victims within 30 days of taking cognisance and to complete trials, as far as possible, within one year as mandated under the POCSO Act.

Emphasising the need for specialised handling of child sexual abuse cases, the bench directed the Tamil Nadu government and the High Court Registrar General to ensure that every POCSO case is heard only by a duly constituted Special Court under Section 28 of the POCSO Act.

It also ordered that presiding officers of these courts receive regular training in child-sensitive judicial procedures.

To ensure effective implementation of the directions, the High Court instructed its committee constituted for monitoring the Juvenile Justice Act and POCSO cases to closely supervise the progress of trials in every district. The committee has been asked to obtain periodic compliance reports detailing the date of cognisance, the present stage of each trial and specific reasons for any delay beyond the prescribed statutory period.

In addition, the Tamil Nadu State Judicial Academy has been directed to organise periodic training programmes for judges presiding over POCSO courts. The sessions will focus on child-friendly procedures, the requirement to promptly take cognisance of electronically filed charge sheets, the mandatory recording of child victims’ evidence within 30 days, and the obligation to complete trials within one year under Section 35(2) of the POCSO Act.

–IANS

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