The Orissa High Court has made a significant ruling aligning the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, with the Protection of Children from Sexual Offences Act (POCSO), 2012.
Here’s what this means:
60-Day Window for Discharge: Accused persons in POCSO trials now have a statutory right to seek discharge under Section 250 of BNSS within 60 days from the date they receive police papers.
Harmonization of Laws: The court emphasized harmonizing the POCSO Act’s objective of speedy trials for child victims with the fair hearing rights of the accused under BNSS.
Procedure Clarified: Charges cannot be framed immediately after supplying police papers; the Special Court must allow the accused this 60-day period unless they expressly waive this right.
Fair Trial Emphasized: Justice Aditya Kumar Mohapatra cited Supreme Court precedents stressing fair hearings at the charge-framing stage are crucial, even in serious offenses like those under POCSO.
Case Background: The ruling came in Narottam Prusty v. State of Odisha & Anr., where charges were framed the same day police papers were supplied, prompting the High Court intervention.
Key Implications-
Ensures accused get meaningful opportunity to defend themselves.
Balances speedy trial objectives with fairness.
POCSO trials must adhere to BNSS procedural safeguards like discharge applications.
The Orissa High Court has ruled that accused persons in POCSO trials must be given a 60-day window to seek discharge under Section 250 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, before charges are framed. This decision emphasizes the importance of balancing speedy trials with fair hearing rights, ensuring accused individuals have a meaningful opportunity to defend themselves. The court harmonized the POCSO Act’s objective of protecting child victims with procedural safeguards under BNSS, stressing that framing charges immediately after supplying police papers denies accused their statutory rights. Justice Aditya Kumar Mohapatra’s judgment directs Special Courts to provide police papers forthwith and allow discharge applications within 60 days, promoting fairness and preventing miscarriages of justice.
