Court disposes of PIL on delays in child sexual offence cases, mandates Commissioner of Police to act on petitioner's recommendations within three months
In a significant judgment delivered on September 23, 2026, the Delhi High Court, in a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, addressed public concerns regarding delays in the investigation of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court was hearing a Public Interest Litigation (PIL) filed by Zuber Ali, who raised issues pertaining to the non-compliance with statutory timelines prescribed for recording evidence and completing investigations in POCSO cases.
The petitioner highlighted Section 35 of the POCSO Act, which mandates that the evidence of a child victim must be recorded within thirty days from the date the Special Court takes cognizance of the offence, and that the trial should be completed within one year as far as possible. Further, the petitioner relied on Section 193(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS Act), which requires that investigations relating to offences under the POCSO Act be completed within two months from the date the information is recorded by the police.
The grievance raised was that investigations in many POCSO cases were not being completed within these stipulated timelines, thereby delaying justice for child victims. To address this systemic issue, the petitioner proposed the establishment of dedicated POCSO Investigation Teams in every police district of Delhi to ensure timely and focused handling of such sensitive cases.
During the hearing, the Delhi Police, represented by their counsel, informed the Court that the concerns raised had already been brought to the notice of the Commissioner of Police through a representation dated September 5, 2026. They assured the Court that consultations and procedural steps were underway to address the delays in investigations.
Acknowledging the ongoing efforts by the Delhi Police, the Court refrained from delving into the merits of the delay issue but disposed of the petition with a clear directive. The Commissioner of Police was ordered to consider the petitioner's suggestions and take appropriate measures to improve the investigation process in POCSO cases within a period of three months. The Court also requested the legal representatives of the Delhi Police to ensure that this order is promptly communicated to the Commissioner.
This judgment underscores the judiciary's commitment to upholding the rights of child victims and ensuring swift justice in cases of sexual offences against children. By emphasizing adherence to statutory timeframes and encouraging structural reforms within the police force, the Delhi High Court has set a precedent for proactive steps towards more effective enforcement of child protection laws.
Bottom Line:
POCSO Act and BNSS - Public Interest Litigation regarding delay in investigation of POCSO offences - Representation seeking setting up of dedicated POCSO Investigation Teams in every Police District of Delhi - Since representation was already under consideration by Delhi Police, petition disposed of with direction to Commissioner of Police to take appropriate steps considering petitioner's suggestions within three months.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 Section 35, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 193(2)
Zuber Ali v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2990471
