Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Critical Note: Special POCSO courts have exclusive jurisdiction for POCSO cases. Session courts cannot entertain anticipatory bail applications for POCSO offenses - only Special POCSO courts are empowered to do so. Regular session judges should refer such matters to designated Special POCSO courts.
Pre-Application Verification Checklist
Court Jurisdiction Verification
Confirm if the court is a designated Special POCSO court
Verify if case involves POCSO Act offenses exclusively or in combination with IPC sections
Check if accused is a juvenile (below 18 years) requiring different procedural considerations
Age Determination Protocol
Verify age of accused through school certificates, birth certificates, or medical examination
If accused is juvenile, determine if case falls under Section 18(3) of Juvenile Justice Act (trial as adult)
Confirm age of victim to establish POCSO Act applicability
Notice and Documentation Requirements
Mandatory Notice Provisions
Issue notice to Public Prosecutor within 15 days of receipt of bail application
Serve notice to investigating officer/Special Juvenile Police Unit
Notify victim/complainant/informant or their legal counsel
Inform Child Welfare Committee (CWC) within 3 days
Notify family members of child victim within 5 days
Documentation Checklist
Verify proof of service of notices (certified by SHO)
Ensure victim's identity is protected in all court documents.
Confirm investigating officer's reply/status report is filed
Check if medical examination reports are available
Assessment Criteria for Bail Decision
Grounds Favoring Bail
Lack of Prima Facie Evidence: No substantial evidence supporting allegations
Medical Evidence Contradictions: Medical reports not supporting the allegations
False Implication: Evidence of enmity or family disputes leading to false charges
Delay in Investigation: Excessive delay without reasonable cause
Victim Statement Inconsistencies: Contradictions in victim's statements
Delay in FIR Registration: Unexplained delay in reporting.
Grounds Against Bail
Risk of tampering with evidence or influencing witnesses
Possibility of accused absconding
Threat to victim's safety or welfare
Likelihood of repeat offense
Severity of offense (Sections 4, 5, 6 of POCSO Act)
Special Considerations for Juvenile Offenders
Jurisdictional Determination
Key Principle: Bail applications for juveniles must be considered under Section 12 of Juvenile Justice Act, not CrPC, even if the minor is directed to be tried as an adult.
Juvenile-Specific Checklist
Age Verification: Confirm accused is below 18 years
JJ Act Application: Apply Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015
Presumption in Favor: Bail for juveniles under 16 is "a matter of course"
Limited Grounds for Refusal: Bail can only be denied if:
Reasonable grounds exist for association with known criminals
Release would expose juvenile to moral, physical, or psychological danger
Release would defeat the ends of justice
Juvenile Bail Conditions
Place under custody of parent/guardian
Ensure continuation of education
Prohibit contact with victim or witnesses
Regular counseling sessions
Community service (if appropriate)
Remand Procedure Guidelines
Initial Production (24-Hour Rule)
Ensure accused produced within 24 hours of arrest
If Special POCSO court available, first production before such court only.
Verify compliance with Article 22 of Constitution
Remand Extension Criteria
First 15 Days: Standard remand period for investigation completion
Extended Remand:
Up to 90 days for offenses punishable with 10+ years, life imprisonment, or death
Up to 60 days for other offenses
Mandatory Bail: After maximum remand period if charge-sheet not filed
Documentation for Remand
Copy of police diary entries transmitted to court
Investigating officer's report on investigation progress
Justification for extended custody requirement
Medical examination report of accused
Bail Conditions Framework
Standard Conditions for Adult Accused
Personal Bond: Appropriate amount based on accused's financial capacity
Surety Requirements: One or more local sureties
Surrender Passport: If accused has travel documents
Regular Reporting: Weekly/bi-weekly reporting to police station
Residence Restriction: Inform court of any change in address
Cooperation in Trial: Appear on all hearing dates
Victim Protection Conditions
No Contact Order: Absolute prohibition on contacting victim.
Geographic Restrictions: Maintain distance from victim's residence/school
No Intimidation: Prohibition on influencing victim or witnesses
Communication Ban: No direct/indirect communication with victim's family
Additional Protective Measures
Witness Protection: Inform victim about Witness Protection Scheme, 2018
Legal Aid Information: Provide details about available legal assistance
Support Person: Ensure victim has access to support person during proceedings
Interim Compensation: Consider victim's entitlement to interim compensation
Special Procedures for Different Case Types
When Accused is Major (18+ years)
Apply regular bail provisions under Section 439 CrPC
Follow mandatory notice requirements for POCSO cases
Consider severity of offense and victim's age
Impose stringent bail conditions given nature of offense
When Accused is Juvenile
Primary Jurisdiction: Juvenile Justice Board for bail applications
Alternative Jurisdiction: Sessions Court can entertain if JJB refuses bail (debated)
High Court Jurisdiction: Always available for juvenile bail applications
Governing Law: Section 12 of JJ Act takes precedence over CrPC
Procedural Safeguards
Court Process Management
Hearing Timeline: List bail application after 10 days of GA office notice.
In-Camera Proceedings: Conduct hearings in-camera for victim protection
Identity Protection: Ensure victim's name/details not disclosed publicly
Victim Representation: Allow victim's counsel to present arguments
Appeal and Review Mechanism
Right to Appeal: Inform parties about appeal rights
Review Jurisdiction: Higher courts can review bail decisions
Emergency Applications: Provision for urgent bail matters
Conclusion and Best Practices
Judicial Discretion Guidelines
Balance fundamental right to bail with victim protection
Consider each case on individual merits
Prioritize child victim's welfare and safetyEnsure compliance with procedural requirements
Document reasons for bail grant/refusal clearly
Compliance Monitoring
Regular review of bail complianceMechanism for reporting violations
Swift action on breach of conditions
Coordination with police for monitoring
This comprehensive toolkit ensures that Special Judges handle POCSO bail applications with due consideration to legal requirements, victim protection, and constitutional principles while maintaining the delicate balance between liberty and justice.
