JUDICIAL PROTRACTION, CHILDHOOD SUBVERTED: ANALYZING THE IMPACT OF TRIAL DELAY ON POCSO VICTIMS AND REHABILITATION CONTINUITY

A FORMAL ANALYSIS OF SYSTEMIC FAILURES AND THE CRISIS OF EXPEDITED JUSTICE IN INDIA

AUTHORS – TEJESHVI SRIVASTAV* & ANKUSH SRIVASTAVA**

* STUDENT AT CITY LAW COLLEGE, CHINHUT

** STUDENT AT BABU BANARASI DAS UNIVERSITY

BEST CITATION – TEJESHVI SRIVASTAV & ANKUSH SRIVASTAVA, JUDICIAL PROTRACTION, CHILDHOOD SUBVERTED: ANALYZING THE IMPACT OF TRIAL DELAY ON POCSO VICTIMS AND REHABILITATION CONTINUITY – A FORMAL ANALYSIS OF SYSTEMIC FAILURES AND THE CRISIS OF EXPEDITED JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 194-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

Chapter 1: Introduction and Conceptual Framework

1.1 The POCSO Act: The Legislative Mandate for Expediency

The Protection of Children from Sexual Offences (POCSO) Act, 2012, represents a critical legislative measure instituted by the Indian Parliament to establish a child-centric framework for addressing sexual abuse. A foundational requirement of this legislation is stipulated in Section 35(2), which mandates that trial proceedings must be concluded, “as far as possible, within a period of one year from the date of taking cognizance.” This strict timeline underscores a core legislative principle: that prolonged judicial engagement severely compromises the developmental and psychological well-being of the child victim. The objective of the Act is dual: to ensure the punishment of perpetrators and the protection and restorative rehabilitation of child survivors. This commitment is further buttressed by Article 39(f) of the Constitution [Source Ref: Article 39(f)], which directs the State to ensure that children are given opportunities to develop in a healthy manner, a principle directly undermined by judicial protraction.