Context: Recently, Delhi High Court has ruled that the presumption of guilt engrafted in Section 29 of the Protection of Children from Sexual Offences (POCSO) Act gets triggered and applies only once trial begins, that is after charges are framed against the accused.
Key Points

• The ruling came in response to the question of whether the presumption of guilt applies only at the stage of trial or does it also apply when a bail plea is being considered.
• It was clarified that if a bail plea is being considered before charges have been framed, Section 29 has no application, as trial commences when charges are framed against an accused and not before that.

About the Ruling

• The reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.
• The question of whether the presumption of guilt applies only at the stage of trial and also apply when a bail plea is being considered.
• It was ruled that if a bail plea is being considered before charges have been framed, Section 29 has no application.
• Trial commences when charges are framed against an accused and not before that.
• Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer.

Section 29 of POCSO Act

• Section 29 of the POCSO Act says that when a person is prosecuted for committing an offence of sexual assault against a minor, the special court trying the case shall presume that the accused is guilty.
• POSCO incorporated this provision wherein there is a reverse burden on the accused to prove his innocence keeping in view the low conviction rate of sexual offences against children.

What is POCSO Act?

• The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was established to protect the children against offences like sexual abuse, sexual harassment and pornography.
• It was formed to provide a child-friendly system for trial underneath which the perpetrators could be punished.
• It also makes provisions for avoiding the re-victimisation of the child at the hands of the judicial system.

Features

• The Act defines a child as any person below eighteen years of age.
• The Act defines different forms of sexual abuse which includes penetrative and non-penetrative assault.
• It makes it the legal duty of a person aware of the offence to report the sexual abuse.
• In case he fails to do so, the person can be punished with six months’ imprisonment or fine.
• The Act further states that the evidence of the child should be recorded within a period of thirty days.
• The Special Court taking cognizance of the matter should be able to complete the trial within the period of one year from the date of taking cognizance of the abuse.
• It prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine as punishment for aggravated penetrative sexual assault.
• It also prescribes punishment to the people who traffic children for sexual purposes.