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In Re: Alarming Rise in the Number of Reported Child Rape Incidents

Civil Appeal · 2025 INSC 695Decided 15 May 2025
SMW(Crl) No.-000001 - 2019 (Suo Motu Writ Petition (Criminal) No. 1 of 2019, with C.A. No. 7968 of 2019)
Justice Bela M. Trivedi · Justice Prasanna B. Varale

Background

The Supreme Court had taken suo motu cognizance in 2019 of a rising number of reported child rape cases across India and registered this writ petition to monitor the setting up of dedicated POCSO courts, forensic infrastructure, and timely investigation and trial of cases under the Protection of Children from Sexual Offences (POCSO) Act. Over several years the Court issued a series of directions to the Union and State Governments, including creating exclusive POCSO courts in districts with more than 100 pending cases and funding them centrally.

Decision Breakdown

Based on status reports and charts submitted by the Amicus Curiae showing that most States, with central funding, had complied with earlier directions to set up exclusive POCSO courts - though States like Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Odisha and Maharashtra still needed more courts given case pendency - the Court reiterated that the statutory timelines under the POCSO Act for investigation and trial must be adhered to as far as possible. It directed the Union and State Governments to keep sensitising investigating officials and to prioritise setting up dedicated courts and filing chargesheets within the mandated period, and then closed the suo motu proceedings, recording appreciation for the assistance of the Amicus Curiae.

Lesson Learnt

Long-running suo motu oversight by the Supreme Court can drive concrete institutional reform (dedicated POCSO courts, funding, timelines), but such reform depends on continuous compliance by State Governments even after the Court's active monitoring winds down.

Official source (sci.gov.in)View Judgment (PDF)

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