Issue of Consideration
Whether trial courts in Tamil Nadu are complying with the mandatory timelines under Section 346(1) BNSS and Section 35 POCSO Act for rape and sexual offence trials, and whether directions should be issued for enforcement of such timelines, case management, and victim protection measures.
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Law Points
- Proviso to Section 346(1) BNSS 2023 requires rape trial completion within two months of filing charge-sheet
- Section 35 POCSO Act 2012 mandates evidence recording of child victim within 30 days and trial within one year
- courts must avoid unnecessary adjournments and ensure day-to-day examination
- victim-centric procedures like in camera trial under Section 366(2) BNSS and provision of support person
- Supreme Court directions in Alakh Alok Srivastava v. Union of India (2018) 17 SCC 291 for speedy trial in POCSO cases
- need for case management and monitoring mechanism to enforce statutory timelines.
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