Lok Sabha Question No. 3218 (UNSTARRED), answered on 2015-12-17
Subject: Cases of Crimes against Children
Ministry: LAW AND JUSTICE
Asked by: B. SREERAMULU

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

## L O K   S A B H A

## UNSTARRED QUESTION NO.3218

TO BE ANSWERED ON THURSDAY, THE 17 th  December, 2015

Cases of Crimes against Children

3218. SHRI B SRIRAMULU:

Will the Minister of LAW & JUSTICE be pleased to state:

- the total number of cases relating to abuse/crimes against children pending  in  Supreme  Court,  High  Courts  and  Subordinate  courts  in
- (a) the country, State/UT/court-wise;
- (b) the total number of such cases disposed of during each of the last three years and current year State/UT/court-wise;
- (c) whether  the  Government  proposes  to  adopt  victim-friendly  trial procedures  in  such  cases  in  order  to  protect  the  victims  from aggressive questioning/character assassination by the prosecutors;
- (d) if so, the details thereof; and
- (e) if not, the reasons therefor alongwith the steps taken/being taken In this regard?

## A N S W E R

## MINISTER OF LAW & JUSTICE (SHRI D.V. Sadananda Gowda )

----------

- (a) & (b):    Based  on  the  information  available  on  the  website  of National  Crime  Records  Bureau  (NCRB),  a  State/UT-wise  statement indicating  the  number  of  cases  of  crimes  against  children  in  which trials were completed and the number of cases pending trial  as at the end of the years 2012, 2013 ad 2014 is enclosed as Annexure-I.
- (c)  to  (e):  The  Protection  of  Children  from  Sexual  Offences  Act,  2012 provides for constitution of Special Courts for disposal of  cases of crimes

against children.  The Act lays down various measures for victim friendly trial procedure in cases involving crimes against children.

## Section-33 of the Act provides for the following:-

- (i) The  Special  Public  Prosecutor,  or  as  the  case  may  be,  the counsel  appearing  for  the  accused  shall,  while  recording  the examination-in-chief, cross-examination or re-examination of the child,  communicate  the  questions  to  be  put  to  the  child  to  the Special Court which shall in turn put those questions to the child.
- (ii) The Special Court may, if it considers necessary, permit frequent breaks for the child during the trial.
- (iii) The  Special  Court  shall  create  a  child-friendly  atmosphere  by allowing  a  family  member,  a  guardian,  a  friend  or  a  relative,  in whom  the  child  has  trust  or  confidence,  to  be  present  in  the court.
- (iv) The  Special  Court  shall  ensure  that  the  child  is  not  called repeatedly to testify in the court.
- (v) The  Special  Court  shall  not  permit  aggressive  questioning  or character  assassination  of  the  child  and  ensure  that  dignity  of the child is maintained at all times during the trial.
- (vi) The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.

Section-36  of  the  Act  lays  down  that  the  Special  Court  shall  ensure that the child is not exposed in any way to the accused at the time of recording of the evidence. The Special Court may record the statement of  a  child  through  video  conferencing  or  by  utilizing  single  visibility mirrors or curtains or any other device. Section-37of the Act lays down that the Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence.  Section-38  of the Act lays down that  if a child has a mental or physical disability, the Special Court may take the assistance  of  a  special  educator  or  any  person  familiar  with  the manner  of  communication  of  the  child  or  an  expert  in  that  field  to record  the  evidence  of  the  child.    Model  Guidelines  have  also  been issued  under  Section-39  of  the  Act  for  use  of  Professionals  and Experts.

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## Statement referred to in reply to part (a) & (b) of Lok Sabha Unstarred Question No. 3218 for answer on 17-12-2015.

## Annexure-I

## CASES OF CRIMES AGAINST CHILDREN

| S.No.   | States            | No. of Cases 2012         | No. of Cases 2012                | No. of Cases              | No. of Cases                     | No. of Cases              | No. of Cases                     |
|---------|-------------------|---------------------------|----------------------------------|---------------------------|----------------------------------|---------------------------|----------------------------------|
| S.No.   | States            | In which Trials Completed | Pending Trial at the end of year | In which Trials Completed | Pending Trial at the end of year | In which Trials Completed | Pending Trial at the end of year |
| 1       | Andhra Pradesh    | 1471                      | 3070                             | 1138                      | 3783                             | 680                       | 2281                             |
| 2       | Arunachal Pradesh | 5                         | 181                              | 0                         | 232                              | 4                         | 116                              |
| 3       | Assam             | 45                        | 519                              | 228                       | 627                              | 88                        | 914                              |
| 4       | Bihar             | 867                       | 3290                             | 513                       | 4101                             | 497                       | 4564                             |
| 5       | Chhattisgarh      | 1222                      | 4068                             | 1240                      | 5318                             | 1670                      | 6045                             |
| 6       | Goa               | 11                        | 261                              | 9                         | 352                              | 16                        | 491                              |
| 7       | Gujarat           | 466                       | 5596                             | 524                       | 6577                             | 450                       | 7250                             |
| 8       | Haryana           | 221                       | 803                              | 612                       | 1146                             | 1157                      | 1505                             |
| 9       | Himachal Pradesh  | 97                        | 542                              | 179                       | 630                              | 126                       | 748                              |
| 10      | Jammu & Kashmir   | 10                        | 181                              | 125                       | 108                              | 54                        | 353                              |
| 11      | Jharkhand         | 86                        | 64                               | 47                        | 76                               | 327                       | 604                              |
| 12      | Karnataka         | 253                       | 887                              | 383                       | 1158                             | 331                       | 3026                             |
| 13      | Kerala            | 387                       | 3596                             | 423                       | 4593                             | 431                       | 6238                             |
| 14      | Madhya Pradesh    | 3086                      | 12159                            | 4063                      | 13866                            | 5345                      | 18080                            |
| 15      | Maharashtra       | 1033                      | 18007                            | 994                       | 21255                            | 1319                      | 25302                            |
| 16      | Manipur           | 0                         | 5                                | 0                         | 9                                | 0                         | 27                               |
| 17      | Meghalaya         | 5                         | 231                              | 15                        | 333                              | 7                         | 478                              |
| 18      | Mizoram           | 42                        | 101                              | 37                        | 121                              | 53                        | 146                              |
| 19      | Nagaland          | 16                        | 7                                | 12                        | 0                                | 5                         | 7                                |
| 20      | Odisha            | 99                        | 1144                             | 192                       | 1711                             | 207                       | 2840                             |
| 21      | Punjab            | 289                       | 875                              | 632                       | 969                              | 495                       | 864                              |
| 22      | Rajasthan         | 770                       | 3200                             | 609                       | 4065                             | 786                       | 5329                             |
| 23      | Sikkim            | 38                        | 87                               | 99                        | 27                               | 34                        | 61                               |
| 24      | Tamil Nadu        | 299                       | 1421                             | 542                       | 1700                             | 961                       | 2449                             |
| 25      | Telangana         | -                         | -                                | -                         | -                                | 633                       | 2507                             |
| 26      | Tripura           | 36                        | 328                              | 22                        | 409                              | 65                        | 460                              |
| 27      | Uttar Pradesh     | 1911                      | 11115                            | 2040                      | 16024                            | 2751                      | 25011                            |
| 28      | Uttarakhand       | 57                        | 171                              | 82                        | 205                              | 83                        | 417                              |
| 29      | West Bengal       | 194                       | 2466                             | 222                       | 3539                             | 557                       | 6315                             |

|                    | Total (All-India)   | 13016              | 74375              | 14982              | 92934              | 19132              | 124428             |
|--------------------|---------------------|--------------------|--------------------|--------------------|--------------------|--------------------|--------------------|
| UNION TERRITORIES: | UNION TERRITORIES:  | UNION TERRITORIES: | UNION TERRITORIES: | UNION TERRITORIES: | UNION TERRITORIES: | UNION TERRITORIES: | UNION TERRITORIES: |
| 30                 | A & N Islands       | 8                  | 198                | 19                 | 250                | 26                 | 254                |
| 31                 | Chandigarh          | 44                 | 105                | 69                 | 111                | 113                | 127                |
| 32                 | D & N Haveli        | 8                  | 39                 | 6                  | 39                 | 0                  | 44                 |
| 33                 | Daman & Diu         | 3                  | 14                 | 7                  | 12                 | 3                  | 11                 |
| 34                 | Delhi               | 788                | 3520               | 803                | 4153               | 823                | 6021               |
| 35                 | Lakshadweep         | 0                  | 0                  | 0                  | 0                  | 0                  | 1                  |
| 36                 | Puducherry          | 17                 | 91                 | 4                  | 103                | 0                  | 39                 |
|                    | Total (UTs)         | 868                | 3967               | 908                | 4668               | 965                | 6497               |
|                    | Total (All-India)   | 13884              | 78342              | 15890              | 97602              | 20097              | 130925             |