The Bombay High Court has transferred the investigation into a POCSO case to the Maharashtra State CID after finding glaring lapses in the manner in which the probe was conducted by the local police. The Court observed that the investigation disclosed a disturbing lack of awareness of the mandatory safeguards under the POCSO Act, including disclosure of the victim's identity, recording of the victim's statement at the police station, and complete failure to maintain a legally compliant case diary.

A Division Bench of Justice Vrushali V. Joshi and Justice Sandesh D. Patil was hearing a writ petition seeking reinvestigation or a de novo investigation into an FIR registered for offences under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012. The petitioner's daughter, a student at a Gurukul where the alleged incident occurred, contended that the investigation was carried out in an utterly undesirable manner. It was alleged that the investigating officer disclosed the victim's name, address and mobile number in official records, omitted relevant provisions of the POCSO Act while filing the charge-sheet and recorded the victim's statement inside the police station, contrary to the statutory safeguards under the special enactment.

Upon directing the Investigating Officer to produce the case diary, the Court found that no case diary had been maintained in accordance with law. Instead, the officer produced loose sheets claiming them to be the case diary. Even after the Superintendent of Police was directed to remain present, the documents were merely bound together with black tape, all appearing to have been written on the same day.

Expressing shock at this state of affairs, the Court remarked that it reflected a "lackadaisical approach and total ignorance" of the investigating officer regarding the provisions governing criminal investigations, particularly under the POCSO Act. The Court emphasised that failure to accurately maintain police diaries undermines fairness and transparency in criminal investigations.

The Court noted that although the Superintendent of Police had issued a show-cause notice to the Investigating Officer and proposed entrusting the investigation to a senior woman Police Inspector, it remained unconvinced by the explanation furnished. It reiterated that constitutional courts may, in rare and exceptional cases, transfer investigations to an independent agency where the existing investigation lacks credibility and such transfer is necessary to secure a fair investigation and inspire public confidence.

Holding that the facts of the case warranted exercise of its powers under Article 226 of the Constitution to secure complete justice, the Court transferred the investigation in the FIR to the Maharashtra State CID and directed that a de novo investigation be conducted under the personal supervision of the Additional Director General of Police, State CID.

Case Title: XYZ v. State of Maharashtra & Anr. [Criminal Writ Petition No. 404 of 2026]

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