How To Deal With Bail Matters Under The POCSO Act – Legal Procedure, Strategy & Key Judgments
Introduction: The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to safeguard minors (below 18 years) from sexual abuse. Since POCSO offences are serious and non-bailable , courts treat bail applications with great caution. However, the right to personal liberty under Article 21 of the Constitution still applies. Courts must balance the presumption of innocence with the protection of the child . “Liberty cannot be denied merely on moral outrage; it must rest on legal grounds.” — Justice D.Y. Chandrachud, Supreme Court of India Overview of the POCSO Act, 2012 The POCSO Act criminalises: Penetrative and non-penetrative sexual assault Sexual harassment of a child Use of children for pornography Aggravated offences (by police, relatives, teachers, etc.) All cases are handled by Special Courts established under Section 28 of the POCSO Act for speedy trials. Nature of Offences – Bailable or Non-Bailable Most offences under POCSO are non-bailable and cogniza...