In a recent ruling, the Allahabad High Court expressed concerns over trial courts showing bias in denying bail under the Protection of Children from Sexual Offences (POCSO) Act. Justice Ajay Bhanot noted that in at least 40 cases, bail was denied even when victims, who were 18 or older, acknowledged consensual relations.
The court’s scrutiny revealed a pattern where trial courts overwhelmingly rejected bail applications, suggesting an institutional bias rather than varied judicial opinions. Justice Bhanot highlighted the need for judicial reform, urging stakeholders and the Judicial Training & Research Institute (JTRI) in Lucknow to address these systemic faults.
“There’s a misguided belief among some trial judges that denying bail in POCSO cases, regardless of individual case details, is the only way to demonstrate integrity and fulfill judicial duties,” the court remarked.
The High Court stressed the importance of nurturing trial judges’ autonomy, encouraging fair and independent judgments without fear of retribution. Justice Bhanot clarified that the observations were not meant to target individual judges but to highlight broader institutional issues.
The case also delved into inconsistencies in documents related to the victims’ age, which often complicate bail hearings. The court emphasized the necessity of medical reports to ascertain age, in line with legal provisions, and directed police to ensure these reports are obtained at the start of investigations.
The ruling underscored the High Court’s role as a supportive guardian, rather than a punitive overseer, aiming to foster a judiciary capable of delivering fair justice.
