Section 31 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
31. Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court.
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a court of Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.
Visual Summary
CrPC Applicability
The Code of Criminal Procedure (CrPC) applies to all proceedings unless the POCSO Act specifically states otherwise.
Court Status
For legal purposes, the designated Special Court is deemed equivalent to a Court of Sessions.
Bail & Bonds
Provisions regarding bail and bonds found in the CrPC are fully applicable to POCSO cases.
Summary
Section 31 acts as a bridge between the special POCSO Act and the general criminal law of India. It clarifies that while POCSO is a special law designed to protect children, the procedural machinery used to try these cases comes from the Code of Criminal Procedure, 1973 (CrPC).
This means that for procedures like filing charge sheets, granting bail, or recording evidence, the rules of the CrPC are followed unless POCSO has a specific rule that contradicts it. If there is a conflict, POCSO prevails. Furthermore, this section elevates the status of the Special Court to that of a Court of Sessions (a high-level trial court) and ensures the prosecutor has the full legal standing of a Public Prosecutor.
Key Takeaways
- ✓Default Procedure: The CrPC is the default procedural handbook for POCSO trials.
- ✓Override Clause: The phrase “Save as otherwise provided in this Act” means POCSO rules take precedence over CrPC if they differ.
- ✓Bail Inclusion: The section explicitly mentions that CrPC bail and bond provisions apply.
- ✓Judicial Rank: The Special Court exercises the powers and jurisdiction of a Court of Sessions.
Process Flowchart
Practice Questions
1. Under Section 31, a Special Court under the POCSO Act is deemed to be which type of court?
B. High Court
C. Court of Sessions
D. Family Court
Correct Answer: C. Court of Sessions
Reasoning: Section 31 explicitly states that for the purposes of CrPC provisions, the Special Court shall be deemed to be a Court of Sessions.
2. Which procedural law applies to POCSO proceedings if the Act is silent on a specific issue?
B. Code of Criminal Procedure, 1973
C. Indian Evidence Act only
D. Juvenile Justice Rules only
Correct Answer: B. Code of Criminal Procedure, 1973
Reasoning: Section 31 mandates the application of CrPC, 1973, save as otherwise provided in the POCSO Act.
3. Does Section 31 include provisions regarding bail?
B. Yes, it specifically includes provisions as to bail and bonds.
C. Only for the accused, not the victim.
D. Only for non-bailable offences.
Correct Answer: B. Yes, it specifically includes provisions as to bail and bonds.
Reasoning: The text of Section 31 includes the parenthetical phrase “(including the provisions as to bail and bonds)”.
Related Provisions
Conclusion
Section 31 is a foundational procedural section within the POCSO Act. By explicitly adopting the Code of Criminal Procedure, it ensures that the legal process remains robust, fair, and familiar to legal practitioners, while simultaneously allowing the specific child-friendly provisions of POCSO to take precedence where necessary. It effectively grants the Special Court the high authority of a Sessions Court, ensuring that offences against children are treated with the gravity they deserve within the judicial hierarchy.