Kerala HC Issues General Directions For Investigation And Trial In POCSO Cases [Read Order]

The Kerala High Court has issued general directions to be followed by the Investigating authorities and Trial Courts while dealing with POCSO crimes and cases. Justice PB Suresh Kumar observed that lack of professionalism is writ large in the investigations in POCSO cases. The Court issued the following directives in exercise of the power under Articles 226 and 227 of the Constitution of India, with a view to protect the children involved in the cases from the risk of secondary victimisation and to make the justice delivery under the statute effective and meaningful. The State Government shall take immediate steps to make the One-Stop Support Centres directed to be established by the Apex Court in Nipun Saxena, operational. The State Government shall thereafter establish in a time bound manner as many One-Stop Support Centres needed in the State, so that victims of cases arising under the POCSO Act need not go anywhere else for the purposes of the POCSO ActThe State Government shall appoint a Nodal Officer at the appropriate level, within two months from the date of receipt of a copy of the judgment, to coordinate the activities of the various Government Departments towards implementation of the provisions of the POCSO Act, and that officer shall identify and resolve the issues that impede the proper implementation of the POCSO Act in the State in the manner in which it is conceived. That officer shall also be the one point contact for all stakeholders to place before the Government the various issues that impede the implementation of the statute to be tackled by the Government.The Nodal Officer so appointed shall be responsible for coordinating the training of the various stakeholders including the Police personnel in juvenile justice principles, to ensure consistency in their approach.The Registrar (Subordinate Judiciary) of this Court shall, in coordination with the Nodal Officer of the State Government and the Kerala Judicial Academy, impart to the Presiding Officers of the Special Courts training in juvenile justice principles from the best available resources, including the training of UNICEF.The State Government shall consider whether the Child Protection Officers and Child Welfare Officers in the Police force could be formed into a separate cadre, so that they would function as Child Protection Officers and Child Welfare Officers wherever they are transferred and if it is not possible, ensure that Child Protection Officers and Child Welfare Officers are posted in every police station after appropriate training.The State Government shall take immediate steps to fill up the vacancies in the Forensic Science Laboratories in the State to ensure that shortage of man power in the Laboratories is not hampering investigations and trials of the cases arising under the POCSO Act.The State Government shall take appropriate steps forthwith to ensure that competent among the eligible aspirants for appointment as Special Public Prosecutor are appointed to that post.The Director General of Prosecution and the State Public Prosecutor shall ensure that the Special Public Prosecutors conducting prosecution in cases arising under the POCSO Act are imparted proper training either directly or in co-operation with the Kerala Judicial Academy.The State Police Chief shall designate a woman IPS officer in every district, to oversee and ensure that the investigations of cases arising under the POCSO Act are conducted strictly adhering to the provisions contained in the POCSO Act and the Rules made thereunder and having due regard to the guidelines formulated under Section 39 of the POCSO Act. If a woman IPS Officer is not available in a district, the State Police Chief would be free to designate one of the available IPS officers for the said purpose.The IPS officer so designated shall ensure that investigation of the cases arising under the POCSO Act are conducted only by the officers who are trained in Juvenile Justice Principles. The IPS officer so designated shall ensure that statements of the children involved in the cases are taken only by trained officers, adhering to the guidelines prepared by the State Government in this regard.The IPS officer so designated shall ensure that statements of the children involved in the cases are taken only when they are physically and psychologically fit to give statements.The Magistrate or Police officer recording the statements of the children involved in the cases shall, wherever possible, ensure that the audio and video of the same are recorded, as provided for under Section 26(4) of the POCSO Act.The IPS officer so designated shall ensure that evidence to prove the sexual abuse through physical as well as behavioural indicators are also collected in every case, having due regard to the guidelines formulated by the State Government in this regard.The IPS officer so designated shall ensure that the experts in the field of Psychology and Psychiatry are cited as witnesses in...

Kerala HC Issues General Directions For Investigation And Trial In POCSO Cases [Read Order]

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