COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) The following reference dated 6th October, 2016 has been received from Shri Vishal Singh, Principal Magistrate, Juvenile Justice Board-I, Sewa Kutir Complex, Kingsway Camp, Delhi. Inasmuch as the issues which require to be considered are succinctly set out therein, we extract the reference made by the ld. Judge under Section 395(2) of the Code of Criminal Procedure, 1973 in extenso which reads as follows :

(2.) It appears that a practice which is being followed at the pretrial stages in Delhi in cases under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' or 'the Act' hereafter). This may be severely impacting the outcome of trials therein. We are required to consider the permissibility, legality and validity of this practice. The two broad issues raised by this practice which are required to be considered can be enumerated thus :

(3.) The principal laws relevant for examination of the reference in the present case would be the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' hereafter) and the Protection of Children from Sexual Offences Rules, 2012 ('POCSO Rules' hereafter) framed thereunder as well as the Juvenile Justice (Care and Protection of Children) Act, 2015 ('J.J. Act' hereafter).