Lok Sabha Question No. 133 (STARRED), answered on 2023-02-10
Subject: Pending Cases of POCSO
Ministry: LAW AND JUSTICE
Asked by: D. Ravikumar

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO.*133

## TO BE ANSWERED ON FRIDAY, THE 10 th  February, 2023

## Pending Cases of POCSO

## *133. SHRI RAVIKUMAR D. :

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Government is aware of increasing number of pending cases related to Protection of Children from Sexual Offences (POCSO) in Fast Track Courts reported during last five years;
- (b) if so, the details thereof and the steps taken to address the issue;
- (c) whether the Government is aware of increasing number of total Cases For Trial (CFT) during 2017-22;
- (d) if  so,  whether  the  Government  is  making  any  special  provisions  or planning to expand Fast Track Courts in the country to deal with POCSO cases; and
- (e)     if so, the details thereof?

## ANSWER MINISTER OF LAW & JUSTICE (SHRI KIREN RIJIJU)

- (a) to (e): A Statement is laid on the Table of the House.

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (e)  OF THE  LOK  SABHA  STARRED  QUESTION  NO.  *133  FOR  THE  10 TH FEBRUARY, 2023 REGARDING 'PENDING CASES OF POCSO'

(a) to (e): The Government of India, taking cognizance of the seriousness and sensitivity of the increasing number of pending cases of rape and POCSO Act brought the Criminal Law (Amendment) Act 2018 which amended the Indian Penal Code, Indian Evidence Act, 1872, Code of Criminal Procedure, 1973 and the Protection of Children From Sexual Offences, Act, 2012. The Amendment Act increased the minimum punishment for rape to 10 years of imprisonment, extendable to life imprisonment. In cases of rape of girl under 12 years of age, provision of death penalty was introduced. A time limit of 2 months each for investigation and trial was prescribed vide Sections 173(1A) and Section 309 of Cr PC.  To ensure time bound disposal of cases, as mandated in the Act and in compliance of the directions of Hon'ble Supreme Court of India in Suo Moto 1/2019 dated 25.7.2019, the Government started a Centrally Sponsored Scheme (CSS)  in  October,  2019  for  setting  up  of  1023  Fast  Track  Special  Courts (FTSCs) including 389 exclusive POCSO Courts in 31 States/UTs. As per the guidelines of the FTSC scheme each court is to dispose of 165 cases per year. The scheme provided for financial assistance to the states in the CSS pattern for salary payment to 1 Judicial officer and 7 Court staff members for each court. Further provision has also been made for a flexi grant to cover office expenses, rental charges etc where needed. To facilitate quick operationalization, liberty has  been  given  for  engaging  retired  judicial  officers  and  other  court  staff  on contract basis.  Initially, the Scheme was for 1 year which was further continued

up to 31.03.2023. An amount of Rs. 140 Cr. in FY 2019-20, Rs.160.00 Cr in FY 2020-21,  Rs.134.56 Cr.,  in  FY  2021-22  and  Rs.186.93  Cr.  during  the  current financial  year  (up  to  31/1/2023)  have  been  released  to  various  States/UTs  for functioning of these courts.

As of 31.12.2022, a total of 768 FTSCs including 418 exclusive POCSO Courts  are  operational  in  28  States/UTs  which  have  disposed  of  more  than 1,37,000 cases while 1,98,208 cases were pending. State-wise status of FTSCs including  disposal  and  pendency  since,  inception  of  the  scheme  is  placed  at Annexure. For robust implementation of the scheme, the Department of Justice has been regularly conducting review meetings by the way of Video Conferencing with the Law Secretaries of the States/UTs and Registrar Generals of High Courts and Nodal Offers. In addition, D.O. Letters dated 12.12.2019, 16.03.2020, 16.07.2020, 16.02.2021, 03.08.2021 & 02.09.2022 from Minister of Law & Justice addressed to the Chief Ministers of States and the Chief Justices of  High  Courts  have  been  issued  requesting  for  early  operationalization  of earmarked FTSCs and for expediting the disposal of pending cases.

In view of large number of pending cases, the Department of Justice has initiated action for extension of the scheme for three more years i.e., up to 2026.

***

## ANNEXURE

## Status of FTSC - Number of cases disposed and pending during the last three years

| S.   | State/UT     | 2020                                | 2020                       | 2020                           | 2021                                | 2021                       | 2021                           | 2022                                | 2022                       | 2022                           |
|------|--------------|-------------------------------------|----------------------------|--------------------------------|-------------------------------------|----------------------------|--------------------------------|-------------------------------------|----------------------------|--------------------------------|
| NO.  | State/UT     | No of functional FTSCs (31.12.2020) | Cases pending (31.12.2020) | Cases Disposed during the Year | No of functional FTSCs (31.12.2021) | Cases pending (31.12.2021) | Cases Disposed during the Year | No of functional FTSCs (31.12.2022) | Cases pending (31.12.2022) | Cases Disposed during the Year |
| 1    | Andhra Pr    | 8                                   | 3980                       | 127                            | 10                                  | 5483                       | 296                            | 14                                  | 7328                       | 1511                           |
| 2    | Assam        | 7                                   | 1211                       | 36                             | 15                                  | 3023                       | 818                            | 17                                  | 3881                       | 1861                           |
| 3    | Bihar        | 45                                  | 12132                      | 492                            | 45                                  | 14002                      | 2127                           | 45                                  | 15587                      | 3610                           |
| 4    | Chandigarh   | 1                                   | 176                        | 2                              | 1                                   | 235                        | 19                             | 48                                  | 220                        | 97                             |
| 5    | Chhattisgarh | 15                                  | 2721                       | 162                            | 15                                  | 2674                       | 1694                           | 15                                  | 2745                       | 1393                           |
| 6    | Delhi        | 0                                   | 0                          | 0                              | 16                                  | 4410                       | 195                            | 16                                  | 4426                       | 552                            |
| 7    | Gujarat      | 35                                  | 5236                       | 888                            | 35                                  | 5632                       | 2485                           | 35                                  | 6619                       | 3535                           |
| 8    | Goa          | 0                                   | 0                          | 0                              | 0                                   | 0                          | 0                              | 01                                  | 51                         | 26                             |
| 9    | Haryana      | 16                                  | 3334                       | 130                            | 16                                  | 4373                       | 1373                           | 16                                  | 4103                       | 1875                           |
| 10   | Himachal     | 3                                   | 462                        | 40                             | 6                                   | 961                        | 148                            | 6                                   | 923                        | 378                            |
| 11   | J&K          | 0                                   | 0                          | 0                              | 4                                   | 390                        | 49                             | 4                                   | 444                        | 66                             |
| 12   | Jharkhand    | 20                                  | 3401                       | 463                            | 22                                  | 5380                       | 1330                           | 22                                  | 4384                       | 2303                           |
| 13   | Karnataka    | 14                                  | 2729                       | 268                            | 18                                  | 3962                       | 1760                           | 30                                  | 5532                       | 3424                           |
| 14   | Kerala       | 23                                  | 4629                       | 257                            | 28                                  | 7653                       | 3478                           | 52                                  | 7213                       | 6356                           |

| 15   | Madhya Pr     |   66 |   11196 |   3422 |   67 |   14139 |   7944 |   67 |   12435 |   7539 |
|------|---------------|------|---------|--------|------|---------|--------|------|---------|--------|
| 16   | Maharashtra   |   25 |    5624 |   1270 |   34 |    7445 |   4489 |   39 |    8539 |   5607 |
| 17   | Manipur       |    0 |       0 |      0 |    2 |     171 |     19 |    2 |     130 |     60 |
| 18   | Meghalaya     |    0 |       0 |      0 |    5 |     946 |     71 |    5 |     995 |    156 |
| 19   | Mizoram       |    0 |       0 |      0 |    3 |      40 |     47 |    3 |      36 |     62 |
| 20   | Nagaland      |    0 |       0 |      0 |    1 |      96 |     39 |    1 |      53 |      9 |
| 21   | Odisha        |   15 |    6119 |    240 |   36 |   10613 |   2563 |   44 |   11754 |   4244 |
| 22   | Punjab        |    3 |     440 |    537 |   12 |    2009 |    964 |   12 |    1842 |   1099 |
| 23   | Rajasthan     |   45 |    7938 |   1421 |   45 |    7581 |   4775 |   45 |    6801 |   4015 |
| 24   | Tamil Nadu    |   14 |    4230 |    506 |   14 |    4684 |   1703 |   14 |    5127 |   2664 |
| 25   | Telangana     |   19 |    2864 |    481 |   25 |    5031 |   2979 |   34 |    7544 |   3498 |
| 26   | Tripura       |    3 |     285 |     17 |    3 |     323 |     94 |    3 |     318 |     92 |
| 27   | Uttar Pradesh |  218 |   79468 |  26318 |  218 |   72924 |  31562 |  218 |   78238 |   8561 |
| 28   | Uttarakhand   |    4 |     668 |     80 |    4 |     763 |    606 |    4 |     940 |    366 |
|      | Total         |  599 |  158843 |  37148 |  700 |  184943 |  73627 |  768 |  198208 |  64959 |

NoteThe scheme of FTSC started in October 2019 .