Bail Not Jail: An Analysis Of Judicial Attitude With Reference To The Protection Of Children From Sexual Offences Act, 2012
- IJLLR Journal
- Sep 13
- 1 min read
Ms. Amritpreet Kaur Sandhu, LLM, University School of Law, Rayat Bahra University, Mohali.
Ms. Mandeep Kaur, Research Scholar, Panjab University, Chandigarh.
ABSTRACT
This discussion highlights how there has been a judicial mind shift in regard to the bail over jail doctrine of cases under POCSO Act, 2012. While the Act functions with the principle of safeguarding the children by requiring stringent bail conditions and reverse burden conditions, courts have been bargaining on the common law maxims of criminal justice in the line of favorability of liberty for the accused. The interplay between judicial discretion and legislative intent is explored by the author through consideration of applicable case law, statutory interpretation, and multi- jurisdictional legislative contexts. The author also identifies the impact of a grant of bail on child victims in terms of re-traumatization and access to procedural justice. The researcher's conclusion is founded on the proposal of an equipoise, victim-oriented court adapting to both constitutional bases as well as the protective paradigm of the POCSO Act.
Keywords: POCSO Act, not jail and bail, judicial discretion, victim protection, special legislation, reverse onus, children's rights, criminal law, judicial tendencies, bail jurisprudence.
