Section 28 POCSO: Designation of Special Courts
Protection of Children from Sexual Offences Act, 2012
Section 28 POCSO at a Glance
Section 28 POCSO requires the State Government, in consultation with the High Court Chief Justice, to designate a Court of Session in each district as a Special Court. The Special Court tries POCSO offences, other offences at the same trial, and specified online offences.
Section 28 POCSO Bare Act Text
28. Designation of Special Courts.
(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.
Section 28 POCSO in Simple Words
Section 28 POCSO provides for the designation of Special Courts and sets out the offences those courts have jurisdiction to try. Under Section 28(1) POCSO, for the purposes of providing a speedy trial, the State Government must, in consultation with the Chief Justice of the High Court and by notification in the Official Gazette, designate a Court of Session for each district to be a Special Court to try the offences under POCSO.
The proviso to Section 28(1) POCSO covers a Court of Session notified under another law. 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 as a Special Court designated for similar purposes under any other law for the time being in force, then that court is deemed to be a Special Court under Section 28 POCSO.
Under Section 28(2) POCSO, while trying an offence under POCSO, a Special Court must also try an offence (other than the POCSO offence referred to in Section 28(1) POCSO) with which the accused may be charged at the same trial under the Code of Criminal Procedure, 1973 (2 of 1974). The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.
Under Section 28(3) POCSO, notwithstanding anything in the Information Technology Act, 2000 (21 of 2000), the Special Court constituted under POCSO has jurisdiction to try offences under section 67B of the Information Technology Act, 2000 in so far as the offence relates to publication or transmission of sexually explicit material depicting children in any act, conduct, or manner, or facilitates abuse of children online.
When Section 28 POCSO Applies
- Designation of a Court of Session for each district: For providing a speedy trial, the State Government must, in consultation with the Chief Justice of the High Court and by notification in the Official Gazette, designate for each district a Court of Session to be a Special Court to try offences under POCSO (Section 28(1) POCSO).
- Deemed Special Court under the proviso: 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, that court is deemed to be a Special Court under Section 28 POCSO (proviso to Section 28(1) POCSO).
- Trial of other offences at the same trial: While trying an offence under POCSO, a Special Court must also try any other offence with which the accused may be charged at the same trial under the Code of Criminal Procedure, 1973 (Section 28(2) POCSO).
- Jurisdiction over specified offences under section 67B of the Information Technology Act, 2000: Notwithstanding anything in the Information Technology Act, 2000, the Special Court has 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, conduct, or manner, or facilitates abuse of children online (Section 28(3) POCSO).
Example of Section 28 POCSO
FAQs on Section 28 POCSO
What is Section 28 POCSO?▼
Section 28 POCSO provides for the designation of a Court of Session in each district as a Special Court to provide a speedy trial for offences under POCSO. It also gives the Special Court authority to try other offences charged at the same trial and specified offences under section 67B of the Information Technology Act, 2000.
Who designates a Special Court under Section 28 POCSO?▼
The State Government. Under Section 28(1) POCSO, the State Government designates a Court of Session for each district as a Special Court, in consultation with the Chief Justice of the High Court, by notification in the Official Gazette.
What if a district already has a children's court under the Commissions for Protection of Child Rights Act, 2005?▼
That court is deemed to be a Special Court under Section 28 POCSO. Under the proviso to Section 28(1) POCSO, a Court of Session notified as a children's court under the Commissions for Protection of Child Rights Act, 2005, or designated as a Special Court for similar purposes under any other law in force, is deemed to be a Special Court.
Can a Special Court under Section 28 POCSO try offences under laws other than POCSO?▼
Yes, in the situations stated in Section 28(2) and Section 28(3) POCSO. While trying a POCSO offence, the Special Court must also try any other offence with which the accused may be charged at the same trial under the Code of Criminal Procedure, 1973, and it has jurisdiction over specified offences under section 67B of the Information Technology Act, 2000.
Which offences under the Information Technology Act, 2000 can a Special Court try under Section 28(3) POCSO?▼
Offences under section 67B of the Information Technology Act, 2000 in so far as they relate to publishing or transmitting sexually explicit material depicting children in any act, conduct, or manner, or facilitating abuse of children online. Under Section 28(3) POCSO, the Special Court has this jurisdiction notwithstanding anything in the Information Technology Act, 2000.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·