The Protection of Children from Sexual Offences Act, 2012 did not merely create offences; it created a forum. Sections 28 and 35 direct the designation of Special Courts to try POCSO offences with child-appropriate procedure and statutory timelines, and Section 32 requires the appointment of Special Public Prosecutors exclusively for these trials. In Delhi, every district has designated POCSO courts staffed by Additional Sessions Judges. This explainer sets out how the Special Court architecture works — designation, jurisdiction, the procedural departures from an ordinary sessions trial, and the role and duties of the Special Public Prosecutor.
Designation: how a POCSO court comes to exist
Section 28(1) places the designation power with the State Government, exercised in consultation with the Chief Justice of the High Court: for each district, a Court of Session is designated as the Special Court for POCSO offences. The judges are Sessions-rank judicial officers — in Delhi, Additional Sessions Judges sitting in the district court complexes — and their designation is by notification, so jurisdiction is a matter of record, not assumption. Where a Children's Court exists under the Commissions for Protection of Child Rights Act, 2005, it can serve the function. Practitioners should note the jurisdictional consequence: a POCSO charge belongs in the designated court, and objection to trial elsewhere goes to the root of the proceeding.
What makes the Special Court "special"
The Special Public Prosecutor
Section 32 is categorical: every Special Court gets a Special Public Prosecutor, appointed exclusively for POCSO cases, from advocates of not less than seven years' practice. The exclusivity is deliberate. POCSO prosecution is procedurally dense — the SPP must ensure the Section 35 timelines are met, that the child's statement is taken in the statutorily prescribed manner, that support persons and interpreters are in place, and that compensation references under Section 33(8) are not forgotten at judgment. For the defence, the SPP's duties are also a checklist of objections: departures from the mandatory procedure are appellate material, though courts distinguish between defects that prejudice the accused and technicalities that do not.
The trial timeline the statute expects
Why the architecture matters to both sides
For complainants and children, the Special Court framework is the difference between a trial designed around the child and a child processed through an ordinary trial: the timelines, the in-camera rule and the questioning protocol exist to be invoked, and counsel for the victim can press for their observance. For the defence, the framework defines the terrain: presumptions mean the foundational facts are the battlefield; the routed-questioning rule demands written, precise cross-examination; and the timelines mean POCSO matters cannot be defended on the assumption of leisurely trial calendars. Both sides, ultimately, practise in a forum where procedure is substantive — which is exactly what Parliament designed.
This article describes the statutory architecture of Special Courts and prosecutors under the POCSO Act as it operates in Delhi. It is informational; the conduct of any particular trial turns on its record and the directions of the court seized of it.
Frequently Asked Questions
What is a Special Court under the POCSO Act?
Under Section 28, the State Government, in consultation with the Chief Justice of the High Court, designates a Court of Session in each district as a Special Court to try offences under the Act — for speedy trial and a child-friendly process. Courts constituted under the Commissions for Protection of Child Rights Act qualify as well.
Does the Special Court try only POCSO offences?
No. Section 28(2) empowers the Special Court to try, at the same trial, any offence with which the accused may be charged under the CrPC / BNSS joinder rules — so connected IPC/BNS offences such as rape, kidnapping or criminal intimidation are tried together. Section 33(1) also lets the Special Court take cognizance directly, without committal.
Who is a Special Public Prosecutor under POCSO?
Section 32 obliges the State to appoint, for every Special Court, a Special Public Prosecutor exclusively for POCSO trials — an advocate with at least seven years of practice. The SPP conducts the prosecution, assists the court in complying with the child-protective procedures, and coordinates with the support person and the Child Welfare Committee framework.
What timelines govern POCSO trials?
Section 35 requires the child's evidence to be recorded within thirty days of the Special Court taking cognizance, with reasons recorded for delay, and the trial to be completed, as far as possible, within one year of cognizance. Delhi's POCSO courts calendar child-witness dates on priority for this reason.