Supreme Court to Decide Jurisdiction of POCSO Cases Against Assam Rifles Personnel

Last Updated on October 16, 2024 by Srijan Raj

The Supreme Court is set to review whether Assam Rifles personnel accused of sexual offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) can be prosecuted in courts under the Assam Rifles Act, 2006. The Nagaland government has been granted leave to file an appeal against a 2022 decision by the Gauhati High Court on the matter. The matter is set for final hearing after the upcoming Diwali vacation. The short point for consideration is whether POCSO cases against Assam Rifles personnel should be tried by special POCSO courts or the Assam Rifles Court.

The case is rooted in a case against an Assam Rifles official who was accused of molesting a girl studying at a middle school. The officer was registered under Section 354 of the Indian Penal Code, 1860 (IPC) read with Section 10 of the POCSO Act. The case was tried by a Special Judge, Fast Track Special Court, Dimapur in Nagaland. However, a Deputy Inspector General of the Assam Rifles moved a plea to hand over the accused-personnel so that he could be prosecuted before the Assam Rifles Court.

The POCSO Court rejected the petition, stating that the Assam Rifles Court is an ordinary criminal court not vested with special powers to try offences under the POCSO Act. The Gauhati High Court set aside the POCSO Court order, finding no provision under the POCSO Act that barred the jurisdiction of the Assam Rifles Court from trying offences under the IPC or the POCSO Act.