Section 28 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
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Chapter VII
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Section 28
Original Text
28. Designation of Special Courts.
(1) For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act:
Provided that if a Court of Session is notified as a children’s court under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this section.
(2) While trying an offence under this Act, a Special Court shall also try an offence [other than the offence referred to in sub-section (1)], with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974) be charged at the same trial.
(3) The Special Court constituted under this Act, notwithstanding anything in the Information Technology Act, 2000 (21 of 2000) shall have jurisdiction to try offences under section 67B of that Act in so far as it relates to publication or transmission of sexually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children online.
Visual Summary
🏛️ Designation Authority
The State Government, in consultation with the Chief Justice of the High Court, designates a Court of Session in every district.
⚡ Purpose
The primary goal is to ensure a speedy trial for offences committed against children under this Act.
💻 IT Act Jurisdiction
Special Courts have specific power to try online child abuse cases (Section 67B of IT Act), overriding IT Act limitations.
🔗 Joint Trials
The court can simultaneously try other offences (e.g., IPC crimes) charged against the accused in the same trial.
Summary
Section 28 establishes the infrastructure for justice under the POCSO Act. It mandates that every district in India must have a designated “Special Court” to handle these sensitive cases. This is not necessarily a new building, but an existing Court of Session that is legally empowered to prioritize these cases.
The section ensures that if a “Children’s Court” already exists under other laws (like the Commissions for Protection of Child Rights Act), it automatically becomes the Special Court for POCSO cases. This prevents confusion and utilizes existing resources.
Crucially, this section gives the Special Court “super-jurisdiction” over digital crimes involving children. Even though the Information Technology Act usually governs online crimes, Section 28 allows the POCSO Special Court to try cases related to online child pornography (Section 67B of the IT Act) directly, ensuring a comprehensive trial for the offender.
Key Takeaways
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Mandatory Designation: Every district must have a designated Special Court (Court of Session). -
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Consultation: The State Government must consult the Chief Justice of the High Court before designation. -
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Deemed Status: Existing Children’s Courts are automatically deemed as Special Courts under POCSO. -
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Comprehensive Trial: The court can try non-POCSO offences (like IPC charges) in the same trial if they are related. -
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Digital Crimes: The court has specific jurisdiction over Section 67B of the IT Act regarding online child abuse material.
Process Flowchart
Practice Questions
1. Who must the State Government consult before designating a Special Court?
Show Answer
The Chief Justice of the High Court.
2. How many Special Courts must be designated under Section 28?
Show Answer
One Court of Session for each district.
3. Which section of the Information Technology Act, 2000 does the Special Court have jurisdiction over under Section 28(3)?
Show Answer
Section 67B (relating to child pornography and online abuse).
Related Provisions
Conclusion
Section 28 is the foundational procedural pillar of the POCSO Act. By mandating the designation of Special Courts in every district, the Act ensures that justice is accessible and not delayed. The inclusion of jurisdiction over IT Act offences reflects a forward-thinking approach, acknowledging the digital dimensions of child abuse. This section ensures that the legal machinery is specifically tuned to handle the sensitivities and urgency required in cases involving children.