Bench directs State to file affidavit on additional POCSO courts needed, identify non-conforming courts, and consider Supreme Court mandate on appointing exclusive Public Prosecutors.
The Kerala High Court has stepped in to address serious concerns over the functioning of POCSO courts in the State, directing the authorities to file a detailed affidavit on the number of additional courts required for cases under the Protection of Children from Sexual Offences Act, 2012.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. said that during its visit to district courts, it found that most POCSO courts were not in conformity with the guidelines prescribed under the POCSO Act. The Bench also observed that facilities in these courts were inadequate.
In its order, the Court directed respondent No. 6 to disclose through an affidavit the number of additional courts needed for POCSO matters, taking into account the Supreme Court’s directions and the practice followed by other High Courts. The affidavit must also identify the courts that are currently handling POCSO cases but are not meeting the statutory guidelines.
The Bench further ordered that immediate steps be taken to ensure compliance with the POCSO framework. Where there is a shortage of space, the State Government has been asked to provide suitable rooms and the necessary infrastructure so that POCSO courts can function in accordance with law.
The issue of appointing exclusive Public Prosecutors for POCSO courts was also taken up by the Court. The petitioners relied on paragraph 10 of the Supreme Court’s judgment in In Re: Alarming Rise in the Number of Reported Child Rape Incidents (2020) 7 SCC 130, arguing that such appointments are mandatory and that the State has failed to comply.
The High Court noted the Supreme Court’s direction, which calls upon States to appoint exclusive Public Prosecutors in all courts set up exclusively for POCSO cases and to ensure training in child psychology, child behaviour, and related issues. The Bench directed the Director General of Prosecution to consider the Supreme Court’s observations and make appropriate submissions on the next date of hearing.
Granting an adjournment sought by the DGP, the Court listed the matter for further hearing on 14 October 2026.
The order underscores the judiciary’s concern that child sexual offence cases require not only dedicated courts, but also proper infrastructure and trained legal personnel to ensure sensitive and effective adjudication.
Bottom Line :
POCSO Courts - Infrastructure and conformity with statutory guidelines - High Court directed filing of affidavit disclosing number of additional courts required for POCSO cases, identification of courts not conforming to POCSO guidelines, and immediate steps for providing suitable rooms and infrastructure - Appointment of exclusive Public Prosecutors for exclusive POCSO Courts to be considered in light of Supreme Court directions.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012
