Madras High Court Issues Directions for Enforcement of Mandatory Two-Month Rape Trial Timeline Under BNSS Section 346(1) and 30-Day Evidence Recording Under POCSO Act Section 35 in Public Interest Litigation Filed by Rape Survivor. Court Addresses Systemic Non-Compliance by Subordinate Courts with Statutory Speedy Trial Mandates and Victim Protection Norms.

High Court: Madras High Court Bench: Principal
  • 3
Judgement Image
Font size:
Print

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.

Subscribe to unlock Issue of Consideration Subscribe Now

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.
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (MAD) (07) 177

W.P.No.20751 of 2026

2026-07-29

Hon'ble Mr. Sushrut Arvind Dharmadhikari, Chief Justice, Hon'ble Mr. Justice G. Arul Murugan

2026:MHC:3126

Mr. S. Kamalakannan, Ms. K. Jayasudha, Ms. S. Sundaravalli, Mr. John Sathyan, Mr. Arun Anbumani, Mr. M. Dinesh, Mr. Vasanthakumar Vengadessane

XXX

The Director General of Police, The Commissioner of Police Greater Chennai Police, The Inspector General of Police North Zone, The Inspector General of Police South Zone, The Inspector General of Police West Zone, The Inspector General of Police Central Zone, The Registrar General High Court of Judicature at Madras

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Public Interest Litigation filed by a rape survivor seeking enforcement of statutory timelines for rape and sexual offence trials and systemic reforms across Tamil Nadu.

Remedy Sought

Writ of mandamus/directions to respondents to comply with mandatory timelines under BNSS and POCSO, file affidavits on pending cases, issue circulars, implement case management, ensure victim protection, and expedite the petitioner's own pending trial.

Filing Reason

Alleged non-compliance by trial courts in Tamil Nadu with the mandatory two-month trial completion under proviso to Section 346(1) BNSS and the 30-day evidence recording requirement under Section 35 POCSO Act; the petitioner's personal case of rape by two police constables was also languishing.

Issues

Whether trial courts in Tamil Nadu are adhering to the mandatory two-month trial completion timeline under Section 346(1) BNSS for rape cases. Whether the mandate under Section 35 of the POCSO Act for recording child victim's evidence within thirty days and trial completion within one year is being complied with. What systemic measures, including circulars, case management, monitoring committees, and training, are required to enforce compliance with statutory speedy trial provisions.

Submissions/Arguments

The petitioner contended that statutory mandates for speedy trial in sexual offence cases are being flagrantly violated across Tamil Nadu, necessitating court intervention to enforce compliance, issue circulars, constitute monitoring committees, and direct expedited handling of her own pending case. No submissions or arguments from respondents are recorded in the available portion of the judgment.

Judgment Excerpts

This writ petition has been filed by a young woman who is herself a survivor of a brutal sexual assault committed allegedly by two persons who were police constables. She has approached this court not merely to seek redress for the wrong done to her, but also, in the true spirit of public interest litigation, on behalf of every other survivor of rape and sexual violence in this State whose case languishes in trial courts long after the time frame stipulated by law. The petitioner highlights that as per the proviso to Section 346(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), a rape trial, once the charge-sheet is filed, should be over within two months. She also points out that Section 35 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act"), which mandates that a child victim's evidence shall be recorded within thirty days of cognizance and the trial concluded, as far as possible, within a year therefrom. According to the petitioner, both these provisions are not being adhered to across this State.

Procedural History

The writ petition was filed under Article 226 of the Constitution seeking various directions. The matter was reserved for orders on 23.07.2026 and judgment was delivered on 29.07.2026. No prior proceedings in this specific case are mentioned in the available text.

Acts & Sections

  • Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 346(1) proviso, Section 366(2), Section 193
  • Protection of Children from Sexual Offences Act, 2012 (POCSO Act): Section 35(1), Section 35(2), Section 28
  • Bharatiya Nyaya Sanhita, 2023 (BNS): Section 87, Section 70(1), Section 68(b), Section 115(2)
  • Constitution of India: Article 226, Article 227
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Madras High Court Issues Directions for Enforcement of Mandatory Two-Month Rape Trial Timeline Under BNSS Section 346(1) and 30-Day Evidence Recording Under POCSO Act Section 35 in Public Interest Litigation Filed by Rape Survivor. Court Addresses Sy...
Related Judgement
Supreme Court Supreme Court Dismisses Institute's Appeal in Gratuity Dispute — Retrospective Amendment Covers Teachers Under Payment of Gratuity Act. Teacher's Claim for Gratuity Upheld as Amended Definition of 'Employee' Includes Teachers with Retrospective Eff...