Lawstreet Journal

Delhi HC Lays Down Significant Factors That Should Be Considered While Hearing an Application or Bail in POCSO Cases [READ JUDGMENT]

Lawstreet Journal 5 Oct 2020 11:47pm

Image courtesy: Lawstreet Journal Judiciary Delhi HC Lays Down Significant Factors That Should Be Considered While Hearing an Application or Bail in POCSO Cases [READ JUDGMENT]

The Delhi High Court laid down a landmark judgment on September 22, 2020, regarding the legislative intent and applicability of “reverse burden.” This was discussed with respect to Section 29 of the Protection of Children from Sexual Offences Act, 2012.

Section 29 of the Protection of Children from Sexual Offences Act, 2012 reads, “where a person is prosecuted for committing or abetting or attempting to commit any offence under section 3,5,7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved”.

Hon’ble Justice Anup Jairam Bhambhani presided over the case. He considered the bail application of the 24-year-old accused who was alleged to have coerced a 17-year-old girl to engage in sexual intercourse with him. He threatened the victim to publicize her private pictures that were taken against her consent.

The defendant contended that he should be enlarged on bail. This is because the charge sheet has been filed and the investigation was complete. However, in retaliation, the prosecution contented the application of Section 29 of POCSO, 2012.

In the current case, the Court has raised the following questions:

  • “Since section 29 says "(w)here a person is prosecuted" for committing an offence inter alia under sections 3, 5, 7 and 9, the special court "shall presume" an accused to be guilty, when can a person be said to be prosecuted?”

The court held that the phrase, “person is prosecuted” in Section 29… Continue Reading...


Tagged: Protection of Children from Sexual Offences (POCSO) Act   POCSO   POCSO Act  
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