Guarding The Young: Child Safety, Trial Integrity Must Trump POCSO Bail Pleas, Says SC

The Supreme Court of India on Friday issued a stern reminder that the threat of evidence tampering and witness intimidation remains a “legitimate and grave concern” when considering bail for individuals accused of sexual offences against children. A bench comprising Justices BV Nagarathna and R Mahadevan observed that in cases involving the Protection of Children from Sexual Offences (POCSO) Act, the safety of the minor victim and the integrity of the judicial process must be the paramount considerations for any court.

The observations were made as the top court set aside a bail order granted by the Allahabad High Court to a youth from Shamli, Uttar Pradesh. The accused faced serious allegations of repeated penetrative sexual assault under armed

intimidation, coupled with the recording of the acts for the purpose of blackmail. The bench noted that such heinous conduct not only has a devastating impact on the life of a vulnerable victim but also “shakes the collective conscience of society”.

Critiquing the High Court’s decision, the Supreme Court stated that the lower court had failed to account for the statutory rigour of the POCSO Act and the gravity of the offences involved. The bench emphasised that while bail is a matter of judicial discretion and should not be refused mechanically, it must never be granted by ignoring material evidence or the potential for the accused to disrupt the trial. Justice Mahadevan, who authored the verdict, pointed out that the High Court had overlooked the fact that a charge sheet had already been filed and that prima facie evidence strongly supported the prosecution’s case.

The court further highlighted that the POCSO Act is a beneficial legislation specifically designed to safeguard children, necessitating a trial process that is both prompt and sensitive. The bench reiterated its consistent stance on the need for the “expeditious disposal” of such cases to prevent prolonged trauma for the victim. However, it cautioned that this speed must not come at the cost of careful judicial scrutiny. By directing the accused to surrender within two weeks, the Supreme Court reaffirmed that the power to grant bail must be exercised judiciously to ensure that the process of law does not become “oppressive” or result in a miscarriage of justice.