LI Network
Published on: December 21, 2023 at 14:12 IST
The Madhya Pradesh High Court has instructed both the Central and State Governments to diligently adhere to Section 43 of the Protection of Children from Sexual Offences, 2012 (POCSO) Act. This particular section mandates the governments to undertake robust measures to publicize the provisions of the Act.
The court’s directive came as it considered a second bail application filed by an accused who had been Confined for a year under various sections, including Sections 363, 506, 376(2)(N), and 366 of the Indian Penal Code, 1860 (IPC), along with Sections 5(L) and 6 of the POCSO Act.
Justice Vishal Dhagat, presiding over the case, stressed the crucial objective of ensuring that young individuals are well-informed about the Act’s provisions and that stringent measures are implemented against those found engaged in offenses.
The Court quoted, “Learned counsel for the applicant also draws attention of this Court towards Section 43 of POCSO Act 2012, wherein it has been laid down that Central Govt. and State Govt. shall take measures to give publicity to the provisions of this Act so that young persons may have knowledge about the Act and stringent measures are to be taken against them if they are found involved in offenses under this Act. It is submitted that no such action is being taken. Government may be directed to comply with Section 43 of POCSO Act, 2012.”
The second bail application, filed under Section 439 of the Criminal Procedure Code, 1973 (CrPC), highlighted the applicant’s detention since October 4, 2022.
The charges included various sections of the IPC and POCSO Act. The applicant argued that the prosecutrix was above 17 years old and willingly participated in the alleged crime. Additionally, the applicant invoked Section 43 of the POCSO Act, emphasizing the government’s duty to publicize its provisions.
Considering material witnesses’ examination and the applicant’s prolonged detention, the court granted bail upon the fulfillment of specified conditions, including a personal bond of Rs. 50,000 and compliance with Section 437(3) of the CrPC.
In line with the court’s directive, it is anticipated that heightened awareness of the POCSO Act will contribute to better protection for children and stricter actions against offenders.
Case Title: Pankaj v The State Of Madhya Pradesh