Delhi HC seeks dedicated POCSO probe teams to speed up investigations

The Delhi High Court has asked the Commissioner of Police to consider dedicated POCSO investigation teams in every police district to ensure timely probes. The court directed Delhi Police to take a decision within three months on a petitioner’s proposal

New Delhi: The Delhi High Court has directed the Commissioner of Police to consider setting up dedicated investigation teams for cases registered under the Protection of Children from Sexual Offences (POCSO) Act in every police district of the national capital to ensure timely probes.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued the direction while disposing of a public interest litigation (PIL) concerning delays in the investigation of cases under the POCSO Act.

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During the hearing, the petitioner drew the High Court’s attention to the statutory timelines prescribed under the POCSO Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The bench was informed that Section 35 of the POCSO Act mandates that the evidence of a child victim be recorded within 30 days of the Special Court taking cognisance of the offence, while the trial is required to be completed, as far as possible, within one year.

The petitioner further referred to Section 193(2) of the BNSS, which mandates that investigations into specified offences under the POCSO Act be completed within two months from the date of registration of the FIR by the officer in charge of the police station.

It was submitted before the High Court that there have been numerous instances where investigations were not completed within the time stipulated by law.

The petitioner, Zuber Ali, had sought the setting up of dedicated POCSO investigation teams in every police district of Delhi to ensure timely investigation of such cases. He had also submitted a representation dated September 5 to the Commissioner of Police, highlighting the issue and seeking appropriate measures.

During the hearing, counsel appearing for the Delhi Police, on instructions, informed the High Court that the representation was being attended to and that necessary consultations and other processes were underway.

Taking note of the response, the bench said the Delhi Police was already cognisant of the grievances raised in the representation and directed the Commissioner of Police to take appropriate steps while taking into account the suggestions made by the petitioner.

It directed that a decision be taken within three months and asked counsel for the Delhi Police to communicate the order to the Commissioner of Police forthwith.