Section 32 POCSO: Special Public Prosecutors

Protection of Children from Sexual Offences Act, 2012

Section 32 POCSO at a Glance

Section 32 POCSO requires the State Government to appoint a Special Public Prosecutor for every Special Court by Official Gazette notification to conduct cases only under POCSO. An appointee must have practised as an advocate for not less than 7 years.

Section 32 POCSO Bare Act Text

32. Special Public Prosecutors.
(1) The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub-section (1) only if he had been in practice for not less than seven years as an advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974) and provision of that Code shall have effect accordingly.

Section 32 POCSO in Simple Words

Section 32 POCSO governs the appointment, eligibility, and legal status of Special Public Prosecutors who conduct prosecutions before Special Courts under POCSO. Under Section 32(1) POCSO, the State Government must, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court. A Special Public Prosecutor appointed under Section 32(1) POCSO is appointed for conducting cases only under the provisions of POCSO.

Under Section 32(2) POCSO, a person is eligible to be appointed as a Special Public Prosecutor under Section 32(1) POCSO only if the person had been practising as an advocate for not less than 7 years.

Under Section 32(3) POCSO, every person appointed as a Special Public Prosecutor under Section 32 POCSO is deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974), and the provisions of that Code have effect accordingly. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.

When Section 32 POCSO Applies

The State Government appoints a Special Public Prosecutor for every Special Court by notification in the Official Gazette under Section 32(1) POCSO.
The Special Public Prosecutor is appointed for conducting cases only under the provisions of POCSO under Section 32(1) POCSO.
A person is eligible for appointment under Section 32(1) POCSO only if the person had been practising as an advocate for not less than 7 years under Section 32(2) POCSO.
Every person appointed under Section 32 POCSO is deemed to be a Public Prosecutor within the meaning of Section 2(u) of the Code of Criminal Procedure, 1973, and that Code applies accordingly under Section 32(3) POCSO.

Example of Section 32 POCSO

The State Government of Rajasthan issues a notification in the Official Gazette under Section 32(1) POCSO to appoint a Special Public Prosecutor for the Special Court in Amritsar to conduct cases only under POCSO. Deepa, an advocate who has practised for 9 years, meets the minimum requirement of not less than 7 years as an advocate under Section 32(2) POCSO and is eligible for appointment. Iqbal, an advocate who has practised for 5 years, is not eligible under Section 32(2) POCSO because 5 years is below the 7-year minimum. Once appointed under Section 32 POCSO, Deepa is deemed to be a Public Prosecutor within the meaning of Section 2(u) of the Code of Criminal Procedure, 1973 under Section 32(3) POCSO.

FAQs on Section 32 POCSO

What is Section 32 POCSO?▼

Section 32 POCSO requires the State Government to appoint a Special Public Prosecutor for every Special Court by notification in the Official Gazette for conducting cases only under POCSO. Section 32 POCSO also requires an appointee to have practised for not less than 7 years as an advocate and treats the appointee as a Public Prosecutor under Section 2(u) of the Code of Criminal Procedure, 1973.

Who appoints a Special Public Prosecutor under Section 32 POCSO?▼

The State Government appoints a Special Public Prosecutor for every Special Court under Section 32(1) POCSO. The appointment must be made by notification in the Official Gazette.

How many years of experience as an advocate are required under Section 32(2) POCSO?▼

Not less than 7 years as an advocate. Under Section 32(2) POCSO, a person is eligible to be appointed as a Special Public Prosecutor under Section 32(1) POCSO only if the person meets this 7-year minimum.

What cases is a Special Public Prosecutor appointed for under Section 32(1) POCSO?▼

Cases under POCSO only. Section 32(1) POCSO says the Special Public Prosecutor is appointed for every Special Court for conducting cases only under the provisions of POCSO.

What status does a Special Public Prosecutor have under the Code of Criminal Procedure, 1973?▼

Every person appointed as a Special Public Prosecutor under Section 32 POCSO is deemed to be a Public Prosecutor within the meaning of Section 2(u) of the Code of Criminal Procedure, 1973. Under Section 32(3) POCSO, the provisions of that Code take effect accordingly.

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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) ·