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Section 28: Designation of Special Courts

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

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Act 2012
Section 27 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 29

Legal Commentary & Landmark Judgments: Section 28

Section 28 of the POCSO Act mandates the State Government, in consultation with the Chief Justice of the High Court, to designate for each district a Court of Session to be a Special Court for the expeditious trial of offences under the Act.

  • High-Level Judicial Consultation: The designation of a Special Court must be made by statutory notification in the Official Gazette by the State Government in concurrence with the Chief Justice of the respective High Court.
  • Territorial Jurisdiction per District: Mandates the establishment or designation of at least one Special Court for every revenue district, ensuring localized and accessible trial infrastructure.
  • Court of Session Level Mandate: Special Courts must be manned exclusively by judicial officers holding the rank of Sessions Judge or Additional Sessions Judge, ensuring high judicial competence in handling complex child sexual abuse trials.
Key Landmark Precedents:
  • Alakh Alok Srivastava v. Union of India (2018) 16 SCC 677 & (2020) 2 SCC 556: The Supreme Court directed the Union of India and all State Governments to set up designated Fast Track Special Courts (FTSCs) exclusively for POCSO cases in every district with more than 100 pending cases, funded under a Central Scheme to enforce the statutory trial timelines under Section 35.
  • A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602: The Constitution Bench established that a Special Court created under a special statute derives its jurisdiction strictly from the designating statute and notification; trial by a court not legally designated vitiates the proceedings.
Courtroom Practice & Strategic Litigation Guidance:

Verify the gazette notification conferring jurisdiction on the trial court under Section 28. If an ordinary Magistrate or an unnotified Sessions Judge attempts to take cognizance or try a POCSO offense without a valid Section 28 notification, raise an immediate jurisdictional objection under Section 461 CrPC / Section 506 BNSS.

Section 27 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 29