IN RE : ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS
The Supreme Court of India vide the order dated 12.07.2019 had directed the Registry to register a Suo Moto Writ Petition under the caption “In Re Alarming rise in the number of reported child rape incidents,” and requested the Learned Senior Counsel Mr. V. Giri to assist the Court in formulating the directions that may be required to be issued.
The Facts of the case were that the Protection of Children from Sexual Offences (POCSO) Act was enacted in 2012. The POCSO Act aims to comprehensively address the issue of sexual offences against children, providing both punishment for perpetrators and support for victims. Nevertheless, there is being an increase in the Number of reported child rape incidents wherein the investigation is going on. Moreover, the POSCO Act has provided a strict timeline for the completion of the investigation and consequential Trials. However, the Court noticed that there was a large number of POCSO Cases pending throughout the country, laid down the parameters to be followed and gave directions for setting up exclusive POCSO Courts in each State.
The Supreme Court of India, in its judgment dated 15.05.2019, emphasised that the stipulated timelines prescribed under the Protection of Children from Sexual Offences (POCSO) Act—from investigation to the conclusion of trial—must be strictly adhered to as far as possible. The Court noted that due to the inadequate number of exclusive POCSO Courts across the country, these mandatory timelines are often not maintained. Highlighting the urgency of the matter, the Court directed the Union of India and State Governments to take immediate steps to sensitise officials involved in POCSO investigations and to establish dedicated POCSO Courts on a priority basis. It further stressed the importance of ensuring that chargesheets are filed and trials are completed within the time frame envisaged under the Act, reinforcing the need for systemic reforms to deliver timely justice to child victims.
The significance of the Supreme Court’s intervention lies in reaffirming the constitutional promise of child protection and the effective enforcement of statutory mandates under the POCSO Act. This development is both a moment of institutional awakening and a clarion call for systemic overhaul in addressing crimes against children. Timely investigation and trial are not mere procedural ideals but foundational to delivering justice in sensitive cases involving child victims. The Court’s directive to establish exclusive POCSO Courts and enforce statutory timelines reflects an urgent need to bridge the gap between legislative intent and ground-level implementation. As the justice system responds, this moment demands not only administrative efficiency but also a renewed commitment to safeguarding the rights and dignity of the most vulnerable.
https://api.sci.gov.in/supremecourt/2019/24308/24308_2019_8_1503_61799_Judgement_15-May-2025.pdf