Point of Law : When the proceedings under the POCSO Act also involve offences under Sections 376(3), 376-AB, 376-DA or 376-DB of the Indian Penal Code, the notice to the victim shall be issued under Section 439(1-A) read with Rule 4(13) and 4(15).

ORDER :

1. Sri.M.N.Kumar, learned CGSC accepts notice for respondent No.1. Smt.H.Vani, learned Additional Government Advocate accepts notice for respondents No.2 and 3. Sri.Shridhar Prabhu, learned counsel accepts notice for respondent No.4.

2. The petitioners are before this Court seeking for the following reliefs:

a. Issue directions to Respondents to ensure effective implementation of the POCSO Act, 2012 and the POCSO Rules, 2020.

b. Declare that Section 40 of the POCSO Act read with Rule 4 of the POCSO Rules mandates that the child victim/parent/guardian/complainant as the case may be shall be informed through the issuance of a notice regarding any application for bail preferred by an accused person.

c. Declare that Section 40 of the POCSO Act read with Rule 4 of the POCSO Rules mandates that the legal representative of the child victim/parent or guardians/complainant as the case may be, is heard before granting of bail to the accused;

d. Issue directions to the effect that all the relevant documents required for the victim/complainant/informant to effectively represent themselves during hearing of bail applications filed by the accused shall be provided to them by the concerned police or SJPU;

e. Issue directions to all criminal courts to exercise their jurisdiction with a view to secure efficient and effective participation of child victims/their caregivers through their legal representatives at all stages of the judicial process;

f. Issue directions to Respondents No.1 to 3 to ensure that the interests of child victims of sexual abuse/their families are protected with particular reference to Section 40 of the POCSO Act and Rule 4 of the POCSO Rules;

g. Issue directions to the effect that in cases where child sexual offences have been perpetrated by a close family member, a notice regarding filing of bail application by an accused also be issued by the concerned police or SJPU the concerned Child Welfare Committee and a copy of such notice/information be also sent to Respondent No.4;

h. Direct Respondents No.3 and 4 to develop a mechanism to monitor compliance of Section 40 of the POCSO Act, Rule 4 of the POCSO Rules;

i. Pass any other orders/directions that this Hon’ble Court deems fit in the circumstances of the present case.

3. In this Public Interest Litigation, the petitioners are seeking for effective implementation of the Protection of Children From Sexual Offences Act 2012 (‘POCSO Act’ for short) and the Protection of Children from Sexual Offences Rules, 2020 (‘POCSO Rules’ for short) as also the amended provisions of Section 438 and 439 of the Code of Criminal Procedure, 1973.

4. The grievance of the petitioners is that in prosecution for offences under the POCSO Act when the accused were to move the Court for grant of bail, the defacto complainant and/or caregiver of the minor victim are not informed of the application filed for bail, thereby an opportunity to the complainant/victim or informants/caregiver to place their contentions and/or oppose an application for bail is denied.

5. The petitioners are stated to be mothers of children who have been subjected to sexual offences punishable under the POCSO Act, the petitioners being the complainants or informants in the complaints registered under the provisions of POCSO Act, the petitioners being the complainants or informants in the complaints registered under the provisions of the POCSO Act have gone through an harrowing time inasmuch as in the proceedings which had been initiated against the accused, the petitioners were not provided with an opportunity to object to the same and as such the accused having been granted bail without consideration of any objections that they had. It is with an intention that similar situations are not faced by the mothers who are the complainants or informants and/or other complainants and informants in POCSO matters that the present petition has been filed.

6. It is the contention of the petitioners that any orders that may be passed in the