Bombay HC reserves verdict on plea seeking POCSO provisions to be made more victim friendly

The Bombay High Court has reserved its verdict in the plea which sought Court's intervention to the non-compliance of provisions under POCSO Act and Code of Criminal Procedure (CrPC) to make sure that victim's participation happens during various stages of the judicial process.

The Bombay High Court has reserved its verdict in the plea which sought Court's intervention to the non-compliance of provisions under Protection of Children against Sexual Offences (POCSO) Act and Code of Criminal Procedure (CrPC) to make sure that victim's participation happens during various stages of the judicial process. The plea had been filed by social worker Arjun Malge stating that Section 40 (right of child to take assistance of legal practitioner) of the POCSO Act, Rule 4(2)(f) (inform the child of such right) of the POCSO Rules and Section 439 (1-A) (presence of victim/ guardian/ legal counsel during hearing of bail application moved by accused) of the Code of Criminal Procedure needed to be implemented properly. Malge had claimed, through his plea filed by Advocates Saziya Mukadam and Priyanka Mali, that there had been several instances where the Trial Court and police have failed to comply with these sections. Malge claimed that there was a "lackadaisical attitude of the various stakeholders under the POCSO Act" which adds to the trauma of the victims and their families.