Give Wide Publicity To POCSO Act To Make Children, Parents & Guardians Aware Of It: Madhya Pradesh HC Directs Centre & State Governments

The Madhya Pradesh High Court directed the Government to comply with Section 43 of the Protection of Children from Sexual Offences, 2012 (POCSO) Act.

The Section mandates both the Central and State Governments to undertake measures for publicizing the provisions of the Act.

The Court allowed a second bail application filed by an accused who was incarcerated for a year for offences 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.

The Court emphasized that the objective is to ensure that young individuals are informed and strict measures are to be implemented against them if found engaged in offences.

The Bench of Justice Vishal Dhagat observed, “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 offences 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”.

Advocate Amitabh Gupta appeared for the Applicant and Advocate Raman Choubey appeared for the Respondent.

A second bail application was filed before the High Court under Section 439 of the Criminal Procedure Code, 1973 (CrPC), for the Applicant who has been in jail since October 4, 2022. The charges against the Applicant included Sections 363, 506, 376(2)(N), and 366 of the IPC, along with Sections 5(L) and 6 of the POCSO Act.

The Applicant argued that the prosecutrix is above 17 years old and was a willing participant in the alleged crime. The Appellant also contended that per Section 43 of the POCSO Act, the central and state governments are mandated to undertake measures to publicize the said provisions.

Therefore, the Court granted bail application, considering that material witnesses in the case have been examined, and the Applicant has been in jail for over a year since October 4, 2022. The Court directed the release of the applicant on bail upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety of the same amount to the satisfaction of the trial court. Furthermore, the applicant is required to comply with the conditions specified in Section 437(3) of the CrPC.

Accordingly, the Court allowed the Application.

Cause Title: Pankaj v The State Of Madhya Pradesh

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