The Madhya Pradesh High Court has directed the State government to give wide publicity to the provisions of the Protection of Children from Sexual Offences Act (POCSO Act) as mandated in Section 43.
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, the court order said.
The Court directive came after Advocate Amitabh Gupta appeared for the applicant draws attention of this Court towards Section 43 of POCSO Act 2012, wherein it has been laid down that Central Govt. and State Govt. shall take measures to give publicity to the provisions of this Act so that young persons may have knowledge about the Act and stringent measures are to be taken against them, if they are found involved in offences under this Act. It is submitted that no such action is being taken.
The Government may be directed to comply with Section 43 of POCSO Act, 2012, the counsel submitted.
The provision of section 43 of POCSO Public awareness about the Act says 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.
The counsel submitted during hearing of a bail application of an accused of rape case in jail since 04.10.2022 registered against him at Police Station Hondiya, District Harda, M.P. for the offences punishable under Sections 363, 506, 376 (2) (N) and 366 of I.P.C. and 5(L)/6 of POCSO Act.
Gupta counsel appearing for the applicant submitted that prosecutrix is aged more than 17 years. She was consenting party. Prosecutrix has also
been examined in the Court. Applicant is a young man aged about 24 years.
Now there is no possibility of influencing the witnesses of the case. In these
circumstances, applicant may be enlarged on bail, the counsel said.
Considering the fact that material witnesses in the case have been examined and applicant is in jail since 04.10.2022 since last more than one year, bail application filed by the applicant is allowed, the court order said.
