Code: Section 28
(1) For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act:
Provided that if a Court of Session is notified as a children’s court under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006)or a Special Court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this section.
(2) While trying an offence under this Act, a Special Court shall also try an offence [other than the offence referred to in sub-section (1)], with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974) be charged at the same trial.
(3) The Special Court constituted under this Act, notwithstanding anything in the Information Technology Act, 2000 (21 of 2000)shall have jurisdiction to try offences under section 67B of that Act in so far as it relates to publication or transmission of sexually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children online.
Explanation of Section 28 POCSO
Section 28 ensures that POCSO cases are handled by specially designated courts. These courts aim to speed up the legal process and protect children during trials. The law also gives these courts additional powers to hear related criminal charges and some internet-based crimes.
Key Highlights
- Each district must have a Special Court to hear POCSO cases.
- The State Government appoints these courts with the High Court’s approval.
- Existing children’s courts can also act as Special Courts.
- These courts can handle related charges in the same trial.
- They also have the authority to try certain cybercrime cases involving children.
Illustration
Example 1: Special Court Setup
In District A, the government assigns a Sessions Court to handle POCSO cases. This step speeds up trials and ensures proper handling of child abuse matters.
Example 2: Using an Existing Court
District B already has a children’s court. This court automatically becomes a Special Court under the POCSO Act.
Example 3: Handling Other Crimes
If someone is accused of both a POCSO offence and criminal intimidation, the Special Court can hear both charges in one trial.
Example 4: Online Abuse
An individual is caught sharing child sexual content online. The Special Court has the power to try this person under Section 67B of the IT Act.
Common Questions and Answers on Section 28 POCSO
- Why do we need Special Courts under the POCSO Act?
To ensure cases involving children are resolved quickly and sensitively. - Who creates these Special Courts?
The State Government, after consulting with the Chief Justice of the High Court. - Can existing children’s courts act as Special Courts?
Yes, they are automatically considered Special Courts under POCSO. - Do Special Courts try other crimes too?
Yes, they can try related offences in the same trial if the charges are connected. - Can Special Courts handle internet crimes against children?
Yes, they can try cases under Section 67B of the IT Act, which covers child sexual content and online abuse.
Conclusion
Section 28 of the POCSO Act plays a vital role in making justice faster and more child-friendly. It ensures that every district has a court focused on child abuse cases. Moreover, these courts also handle related crimes, both offline and online. This helps protect children and deliver justice efficiently.
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