Madras HC orders 2-month trial deadline for sexual offence cases in Tamil Nadu
Synopsis
Key Takeaways
The Madras High Court has directed all courts across Tamil Nadu handling sexual offence cases to complete trials within two months, warning that adjournments must not be granted unless truly exceptional circumstances exist — and those reasons must be recorded in writing. The order, issued on 29 July, reinforces statutory timelines that courts have frequently failed to meet.
Key Directions Issued
A division bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan issued the directives while reiterating timelines prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Protection of Children from Sexual Offences (POCSO) Act. The bench specifically invoked Section 346(1) of the BNSS, which mandates trial completion within two months of the filing of a police charge sheet.
The Registrar General of the Madras High Court has been directed to circulate fresh instructions to all district and sessions courts in the state, reminding them of this mandatory statutory requirement.
Special Focus on POCSO Cases
The bench also ordered the reissue of a 2024 circular addressed to all special POCSO courts, directing presiding officers to record the evidence of child victims within 30 days of taking cognisance and to complete trials within one year, as mandated under Section 35(2) of the POCSO Act. The court stressed that every POCSO case must be heard only by a duly constituted Special Court under Section 28 of the POCSO Act — a requirement that, notably, has not always been uniformly followed across the state.
The Tamil Nadu government and the High Court Registrar General were jointly directed to ensure compliance with this requirement going forward.
Monitoring and Compliance Mechanism
To enforce these directions, the High Court has tasked its committee constituted for monitoring Juvenile Justice Act and POCSO cases with closely supervising trial progress in every district. The committee must obtain periodic compliance reports detailing the date of cognisance, the current stage of each trial, and specific reasons for any delay beyond the prescribed statutory period.
This comes amid longstanding concerns that survivors of sexual offences — particularly children — face prolonged legal proceedings that compound trauma and erode the prospect of justice.
Judicial Training Mandated
The Tamil Nadu State Judicial Academy has been directed to organise periodic training programmes for judges presiding over POCSO courts. Sessions will cover child-friendly procedures, the prompt taking of cognisance of electronically filed charge sheets, mandatory evidence recording within 30 days, and the obligation to conclude trials within one year. Presiding officers of these courts will also receive regular training in child-sensitive judicial procedures.
With a structured monitoring committee, mandatory training, and fresh circulars now in the pipeline, the effectiveness of these directions will hinge on how consistently the state's district courts translate them into practice.