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Section 32: Special Public Prosecutors

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

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Act 2012
Section 31 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 33
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Special Court Sec 28

Legal Commentary & Landmark Judgments: Section 32

Section 32 of the POCSO Act mandates the appointment of dedicated Special Public Prosecutors (SPPs) for every Special Court, requiring a minimum of seven years of standing at the Bar and imposing high duties of fairness, victim sensitivity, and ethical conduct.

  • Mandatory Appointment by Gazette Notification: The State Government must, by notification in the Official Gazette, appoint an SPP for every Special Court to conduct cases exclusively under the POCSO Act.
  • Eligibility Threshold: Explicit statutory qualification requiring the advocate to have been in active criminal practice for not less than seven years.
  • Exclusive Domain and Child-Sensitive Demeanour: SPPs are mandated to focus exclusively on child protection trials, undergoing specialized training to ensure child victims are examined with psychological sensitivity without aggressive badgering.
Key Landmark Precedents:
  • Shrilekha Vidyarthi v. State of U.P. (1991) 1 SCC 212: The Supreme Court held that the appointment of Public Prosecutors involves a public element and public duty; appointments must be made on merit and integrity, free from arbitrary political patronage.
  • Mukul Dalal v. Union of India (1988) 3 SCC 144: The Supreme Court ruled that a Public Prosecutor is an officer of the court and a minister of justice whose duty is not to secure a conviction at all costs, but to ensure that justice is administered fairly.
Courtroom Practice & Strategic Litigation Guidance:

Scrutinize the official appointment notification and standing of the prosecutor under Section 32. If a non-notified police prosecutor or assistant prosecutor lacking 7 years' Bar experience conducts a POCSO trial, challenge the authority to prosecute under Section 301/302 CrPC / Sections 338/339 BNSS.

Section 31 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 33