Section 32 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
32. Special Public Prosecutors.—
(1) The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub-section (1) only if he had been in practice for not less than seven years as an advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974) and provision of that Code shall have effect accordingly.
Visual Summary
Appointment Authority
The State Government is responsible for appointing the Special Public Prosecutor (SPP) via an Official Gazette notification.
Eligibility Criteria
To be eligible, an advocate must have been in practice for not less than seven years.
Exclusive Role
The SPP is appointed to conduct cases only under the provisions of the POCSO Act for that Special Court.
Summary
Section 32 ensures that cases involving sexual offences against children are handled by experienced legal professionals representing the State. It mandates the State Government to appoint a dedicated lawyer, known as a Special Public Prosecutor (SPP), for every designated Special Court.
The key requirement for this position is experience; the lawyer must have practiced law for at least seven years. Once appointed, this lawyer is legally recognized as a Public Prosecutor under the Code of Criminal Procedure (CrPC), granting them all the standard powers and responsibilities associated with that role, but specifically focused on POCSO cases.
Key Takeaways
-
✓
Mandatory Appointment: Every Special Court must have a designated Special Public Prosecutor appointed by the State Government. -
✓
Experience Threshold: A minimum of 7 years of practice as an advocate is non-negotiable for eligibility. -
✓
Legal Status: The SPP holds the same legal standing as a Public Prosecutor defined under Section 2(u) of the CrPC, 1973. -
✓
Specialization: The appointment is specifically for conducting cases under the POCSO Act, ensuring focused expertise.
Process Flowchart
Practice Questions
Q1. Who has the authority to appoint a Special Public Prosecutor under Section 32 of the POCSO Act?
Show Answer
The State Government. The appointment is made by notification in the Official Gazette.
Q2. What is the minimum period of practice required for an advocate to be eligible for appointment as a Special Public Prosecutor?
Show Answer
Seven years. The advocate must have been in practice for not less than seven years.
Q3. Under which Code is the Special Public Prosecutor deemed to be a “Public Prosecutor”?
Show Answer
The Code of Criminal Procedure, 1973. Specifically within the meaning of clause (u) of section 2.
Related Provisions
Conclusion
Section 32 is a critical administrative provision that safeguards the quality of prosecution in child sexual abuse cases. By mandating a minimum experience level of seven years and dedicating these prosecutors solely to POCSO cases within the Special Courts, the Act aims to ensure that the legal representation for the victim and the State is competent, focused, and sensitive to the nuances of child protection laws.