Source: Madhya Pradesh High Court

Why in News?

Justice Vishal Dhagat has observed and directed Section 43 of the POCSO Act, 2012 to be brought to the notice of the state government for compliance.

• The Madhya Pradesh High Court gave this judgment in the case of Pankaj v. State of Madhya Pradesh & Anr.

What is the Background of Pankaj v. State of Madhya Pradesh & Anr.?

• The applicant was accused of offences punishable under Sections 363, 506, 376 (2) (n) and 366 of Indian Penal Code,1860(IPC) and 5(l)/6 of the Protection of Children from Sexual Offences Act,2012(POCSO).
• The applicant's counsel submitted that the prosecutrix is over 17 years old and the applicant is now 24 years old.
• According to the applicant, the prosecutrix was a consenting party.
• The court allowed the bail application since all material witnesses have been examined in this case.
• Since there is no further possibility of influencing the witnesses, the applicant/accused was released on bail provided that he furnished a personal bond to the tune of Rs 50,000/- along with one solvent surety in the like amount.
• During the period that the applicant is enlarged on bail, he is also required to abide by the conditions encapsulated in Section 437(3) of Code of Criminal Procedure,1973(CrPC).

What was the Court’s Observation?

• The MP HC observed that the ‘Government Advocate appearing for State is directed to bring Section 43 into the notice of State Govt. so that appropriate action be taken by the State Govt. for compliance of Section 43 of POCSO Act,2012 and copy of order be supplied.

What is Section 43 of POCSO Act, 2012?

• Section 43 of the act deals with ‘Public awareness about act’.
  • The Central Government and every State Government, shall take all measures to ensure that:
    • (a) the provisions of this act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this act;
    • (b) the officers of the Central Government and the State Governments and other concerned persons (including the police officers) are imparted periodic training on the matters relating to the implementation of the provisions of the act.