Section 31 POCSO: Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court

Protection of Children from Sexual Offences Act, 2012

Section 31 POCSO at a Glance

Section 31 POCSO applies the Code of Criminal Procedure, 1973, including its rules on bail and bonds, to proceedings before a Special Court unless POCSO provides otherwise. It treats the Special Court as a court of Sessions and the prosecutor as a Public Prosecutor.

Section 31 POCSO Bare Act Text

31. Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court.
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a court of Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.

Section 31 POCSO in Simple Words

Section 31 POCSO makes the procedural rules of the Code of Criminal Procedure, 1973 (2 of 1974) applicable to proceedings before a Special Court. Save as otherwise provided in POCSO, the provisions of the Code of Criminal Procedure, 1973, including the provisions as to bail and bonds, apply to the proceedings before a Special Court. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.

For the purposes of applying those provisions of the Code of Criminal Procedure, 1973, Section 31 POCSO sets two deeming rules. First, the Special Court is deemed to be a court of Sessions. Second, the person conducting a prosecution before a Special Court is deemed to be a Public Prosecutor.

When Section 31 POCSO Applies

Application of the Code of Criminal Procedure, 1973: Save as otherwise provided in POCSO, the provisions of the Code of Criminal Procedure, 1973, including the provisions as to bail and bonds, apply to the proceedings before a Special Court.
Special Court deemed to be a court of Sessions: For the purposes of the provisions of the Code of Criminal Procedure, 1973, the Special Court is deemed to be a court of Sessions.
Prosecutor deemed to be a Public Prosecutor: For the purposes of the provisions of the Code of Criminal Procedure, 1973, the person conducting a prosecution before a Special Court is deemed to be a Public Prosecutor.

Example of Section 31 POCSO

In Ludhiana, Tenzin faces trial before a Special Court designated under Section 28 POCSO, and Advocate Ayesha conducts the prosecution before that Special Court. When a procedural question arises during the proceedings for which POCSO does not set a separate rule, Section 31 POCSO applies the provisions of the Code of Criminal Procedure, 1973 to the proceedings before the Special Court. Under Section 31 POCSO, for applying those provisions of the Code of Criminal Procedure, 1973, the Special Court is treated as a court of Sessions and Advocate Ayesha is treated as a Public Prosecutor.

FAQs on Section 31 POCSO

What is Section 31 POCSO?▼

Section 31 POCSO applies the provisions of the Code of Criminal Procedure, 1973, including those on bail and bonds, to proceedings before a Special Court, save as otherwise provided in POCSO. It also states that for those provisions, the Special Court is deemed to be a court of Sessions and the person conducting a prosecution is deemed to be a Public Prosecutor.

When do the provisions of the Code of Criminal Procedure, 1973 not apply under Section 31 POCSO?▼

When POCSO itself provides otherwise. Section 31 POCSO applies the Code of Criminal Procedure, 1973 'save as otherwise provided in this Act', so any specific rule in POCSO overrides the general rule in the Code of Criminal Procedure, 1973.

What court is a Special Court deemed to be under Section 31 POCSO?▼

A court of Sessions. Under Section 31 POCSO, for the purposes of applying the provisions of the Code of Criminal Procedure, 1973, the Special Court is deemed to be a court of Sessions.

What is the status of the person conducting a prosecution before a Special Court under Section 31 POCSO?▼

That person is deemed to be a Public Prosecutor. Under Section 31 POCSO, for the purposes of the provisions of the Code of Criminal Procedure, 1973, the person conducting a prosecution before a Special Court is deemed to be a Public Prosecutor.

Do the provisions of the Code of Criminal Procedure, 1973 on bail and bonds apply before a Special Court under Section 31 POCSO?▼

Yes, save as otherwise provided in POCSO. Section 31 POCSO explicitly states that the provisions of the Code of Criminal Procedure, 1973 (including the provisions as to bail and bonds) apply to the proceedings before a Special Court unless POCSO provides otherwise.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·