HC rejects Pre-Arrest bail in POCSO case, asserts judicial duty as guardian of child victims

The Punjab and Haryana High Court has refused anticipatory bail to a man accused of sexually assaulting a minor, stressing that offences under the Protection of Children from Sexual Offences (POCSO) Act are a serious breach of public morality.

The accused faced charges under multiple provisions, including Section 137, Section 96, Section 3(5), Section 64(1) of the Bharatiya Nyaya Sanhita, along with Section 4 of the POCSO Act, 2012. The Court weighed the severity of the offence, the likely punishment, and the broader societal implications before deciding that anticipatory bail could not be granted.

The defence argued that the petitioner was only the brother-in-law of the main accused, who had a prior relationship with the victim. Counsel claimed that the Instagram chats submitted as evidence did not show any involvement by the petitioner. They also cited a five-day delay in filing the FIR and noted inconsistencies in the victim’s clothing at the time of the alleged incident.

The Court, however, relied on the victim’s statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which placed the petitioner at the scene. According to the statement, the petitioner had forcibly taken the minor to an isolated location where the assault occurred. The medico-legal report corroborated this account, confirming the petitioner’s presence on the day of the incident.

Justice Shalini Singh Nagpal noted, “In matters of sexual assault of children, the duty of the Court is to act as a guardian of the child. In such cases, legislative objective of Protection of Children from Sexual Offences, Act, 2012, and liberty of an individual have to be weighed and balanced as the impact of such offences on a child victim is grave, long lasting and results in severe psychological trauma.”

In light of the evidence, the Court dismissed the anticipatory bail petition, reiterating the judiciary’s responsibility to protect child victims and ensure that the POCSO Act objectives are fully implemented.