BACK TO POCSO Act 2012
POCSO Act 2012

Section 28

Designation of Special Courts

THE STATUTE

Original Text

For the purposes of providing a speedy trial and to ensure that child-friendly procedures are followed in the trial of offences under this Act, the High Court shall, in consultation with the State Government, by notification in the Official Gazette, designate for each district, one or more Courts of Session as a Special Court to try the offences under the provisions of this Act: Provided that if a Court of Session is already designated as a Special Court or an Exclusive Court under any other law for the time being in force, the High Court may designate such court as a Special Court under this Act. (2) While trying an offence under this Act, a Special Court may also try an offence other than the offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. (3) The Special Court shall follow the procedures, standards, methods and safeguards that the National Commission for Protection of Child Rights may, with prior approval of the Central Government, specify for the purpose.

Legal Commentary

Section 28 establishes the institutional architecture for POCSO proceedings — dedicated Special Courts in each district, designed to ensure speedy trials through a child-friendly environment. It is the jurisdictional provision: only Special Courts designated under Section 28 can try POCSO offences. **Court of Session designated as Special Court:** The Special Court is drawn from the existing Court of Session framework — it is not an entirely new judicial body but a designated sessions court with exclusive jurisdiction over POCSO matters. This leverages existing infrastructure while creating a dedicated forum. **One per district minimum:** The provision requires at least one Special Court per district — though high-volume districts can have more. India has approximately 700 districts, meaning the framework envisions 700+ dedicated POCSO courts. **Speedy trial + child-friendly — dual mandate:** The section explicitly states two purposes: (a) providing speedy trial (addressing the systemic problem of prolonged child sexual abuse trials), and (b) ensuring child-friendly procedures. The child-friendly mandate flows through to Sections 33–37, which set out in-camera proceedings, child advocates, intermediaries, and support persons. **Fast-Track Special Courts (FTSCs) — Supreme Court direction:** In Alakh Alok Srivastava v. Union of India (2018), the Supreme Court directed the Union and State Governments to set up Fast-Track Special Courts (FTSCs) for POCSO cases — with a target of completing trials within 2 months. The National Mission for Safety of Children (subsequently the National Mission for Fast-Track Special Courts) was established in implementation. **Concurrent jurisdiction — non-POCSO charges tried together:** Section 28(2) allows the Special Court to try non-POCSO offences charged in the same trial — for example, if the accused is charged with both POCSO Section 3 and IPC Section 376 (rape), or POCSO Section 5 and IPC Section 302 (murder), the Special Court handles all charges in a single trial.

Questions & Answers

A Special Court under POCSO Section 28 is a Sessions Court designated by the High Court (in consultation with the State Government) to exclusively or primarily try POCSO offences. Each district must have at least one. Special Courts follow child-friendly procedures — in-camera proceedings, intermediaries, support persons — designed to minimise secondary trauma for child victims.
No — only a court designated as a Special Court under Section 28 has jurisdiction over POCSO offences. If a case is erroneously filed in a non-designated court, it must be transferred to the appropriate Special Court. Section 28(2) allows the Special Court to also try connected non-POCSO charges in the same trial.
As of the Supreme Court's 2019 monitoring, approximately 800+ Special Courts had been designated across India. The Government's Fast-Track Special Courts scheme provides funding for 1,023 FTSCs — of which 389 are exclusively for POCSO. Availability varies significantly by state.