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Section 31: Application of Code of Criminal Procedure, 1973 to proceedings before Special Court

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2012
Section 30 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 of the POCSO Act governs the procedural framework of Special Courts, enacting that save as otherwise provided in the Act, the provisions of the Code of Criminal Procedure, 1973 (and now BNSS, 2023), including provisions as to bails and bonds, shall apply to all proceedings before a Special Court.

  • Statutory Incorporation of CrPC / BNSS: All general procedural mechanisms—investigation, summons, warrants, search, framing of charges, trial procedure of Sessions cases, and appeals—apply to POCSO proceedings unless specifically altered by POCSO.
  • Express Invocability of Bail Jurisprudence: Explicitly incorporates provisions relating to bails and bonds (Sections 437, 438, 439 CrPC / Sections 480, 482, 483 BNSS), confirming that default bail under Sec 167(2) CrPC / Sec 187 BNSS and regular bail apply to POCSO accused.
  • Deeming Fictional Status of Sessions Court: Section 31(2) clarifies that the Special Court shall be deemed to be a Court of Session and the person conducting prosecution as a Public Prosecutor, conferring full original powers.
Key Landmark Precedents:
  • P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24: The Supreme Court held that the fundamental principles governing grant of bail—including gravity of offence, flight risk, and risk of tampering—apply across special statutes unless a specific statutory bar exists.
  • State of M.P. v. Kajad (2001) 7 SCC 673: The Supreme Court affirmed that where a special statute incorporates the CrPC without specific negative covenants, the inherent procedural safeguards and judicial discretion of the Sessions Court remain intact.
Courtroom Practice & Strategic Litigation Guidance:

In bail applications before the Special Court or High Court, cite Section 31 to argue that the stringent negative conditions of NDPS (Sec 37) or PMLA (Sec 45) do NOT exist under POCSO; bail must be adjudicated on settled judicial parameters of liberty, charge-sheet filing, and absence of witness intimidation risk.

Section 30 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 32