Orissa High Court Ensures Fair Trial Rights in POCSO Cases

Landmark Judgment Highlights Procedural Safeguards under Bharatiya Nagarik Suraksha Sanhita, 2023

In a significant decision, the Orissa High Court, presided by Justice Aditya Kumar Mohapatra, has emphasized the importance of procedural fairness in trials under the Protection of Children from Sexual Offences (POCSO) Act. The court quashed the order of framing charges against Narottam Prusty, a petitioner accused under Section 65(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Section 6 of the POCSO Act, due to a procedural violation. The judgment underscores the necessity for Special Courts under the POCSO Act to harmoniously interpret procedural laws to avoid conflict between statutes and ensure a fair trial as guaranteed under Article 21 of the Constitution.

The case arose when Prusty was charged on the same day police papers were supplied, without being afforded an opportunity to file a discharge application. This process, according to the court, breached the procedural law under Sections 250 and 251 of the BNSS, 2023. The court stressed that the accused must be given reasonable time to prepare a defense and file discharge applications, balancing expeditious trial with fairness.

Justice Mohapatra pointed out that the Special Court should have treated the first appearance of the accused as the date of commitment, from which the 60-day period for filing a discharge application under Section 250 BNSS should be counted. The judgment laid down clear procedural guidelines for Special Courts, mandating that the accused be provided police papers forthwith upon appearance, and that a discharge application can be filed within 60 days from that date. The court directed a de novo consideration of Prusty's discharge application, ensuring compliance with statutory provisions.

The ruling aligns with the principles of fair trial, emphasizing that expeditious disposal must not compromise the fairness guaranteed under the law. The court cited precedents from the Supreme Court, highlighting the imperative of a fair hearing and the significance of preserving the accused's right to a fair trial, particularly when facing grave charges.

This landmark judgment is expected to influence procedural practices in Special Courts across Odisha, ensuring that trials are conducted with due regard to the rights of the accused, thereby preventing miscarriages of justice.

Bottom Line:

The framing of charges without providing the accused an opportunity to file a discharge application under Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023, violates the right to a fair trial under Article 21 of the Constitution of India. Special Courts under the POCSO Act must ensure procedural fairness while framing charges. 

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 250, 251; POCSO Act, 2012 Sections 33(1), 31; Article 21 of the Constitution of India

Narottam Prusty v. State of Odisha, (Orissa) : Law Finder Doc Id # 2782831