Delhi HC directs Police Commissioner to set up dedicated POCSO probe teams in every district
Synopsis
Key Takeaways
The Delhi High Court on 5 October 2026 directed the Commissioner of Police to consider establishing dedicated investigation teams for cases registered under the Protection of Children from Sexual Offences (POCSO) Act across every police district in the national capital, with a view to ensuring timely and effective probe into child sexual abuse cases.
What the Court Directed
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued the direction while disposing of a public interest litigation (PIL) focused on chronic delays in POCSO Act investigations in Delhi. The court asked that a decision be taken within three months and directed counsel for Delhi Police to communicate the order to the Commissioner forthwith.
The bench took note of Delhi Police's acknowledgement that the grievances raised in the petition were already being attended to, and directed the Commissioner to take appropriate steps, factoring in the suggestions made by the petitioner.
Statutory Timelines at Issue
The petitioner, Zuber Ali, drew the court's attention to statutory mandates that are reportedly being routinely violated. Section 35 of the POCSO Act requires that evidence of a child victim be recorded within 30 days of the Special Court taking cognisance of the offence, and that the trial be completed, as far as possible, within one year.
Additionally, Section 193(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, mandates that investigations into specified POCSO offences be completed within two months from the date the FIR is registered. It was submitted before the High Court that there have been numerous instances where these deadlines were not met.
Background of the PIL
Petitioner Zuber Ali had sought the constitution of dedicated POCSO Investigation Teams in every police district of Delhi. Prior to the High Court hearing, Ali had submitted a representation dated 5 September to the Commissioner of Police, highlighting the issue and seeking corrective measures. Delhi Police counsel, on instructions, informed the court that the representation was being considered and that necessary consultations were underway.
Why This Matters
The lack of specialised investigation units for child sexual abuse cases has long been flagged by child rights groups and legal advocates as a structural gap in law enforcement. Delays in POCSO probes can compromise evidence integrity, traumatise victims through prolonged proceedings, and undermine the very objectives the legislation was designed to achieve. This is the latest in a series of judicial interventions pressing Delhi's law enforcement machinery to align operational practice with legislative intent.
With a three-month deadline now set, the Commissioner of Police's response will be closely watched by child protection advocates and the legal community alike.