Jurisdictional Considerations
Critical Note: Special POCSO courts have exclusive jurisdiction for POCSO cases. Session courts cannot entertain anticipatory bail applications for POCSO offenses – only Special POCSO courts are empowered to do so. Regular session judges should refer such matters to designated Special POCSO courts.
Pre-Application Verification Checklist
Court Jurisdiction Verification
Age Determination Protocol
Notice and Documentation Requirements
Mandatory Notice Provisions
Documentation Checklist
Assessment Criteria for Bail Decision
Grounds Favoring Bail
Grounds Against Bail
Special Considerations for Juvenile Offenders
Jurisdictional Determination
Key Principle: Bail applications for juveniles must be considered under Section 12 of Juvenile Justice Act, not CrPC, even if the minor is directed to be tried as an adult.
Juvenile-Specific Checklist
Juvenile Bail Conditions
Remand Procedure Guidelines
Initial Production (24-Hour Rule)
Remand Extension Criteria
Documentation for Remand
Bail Conditions Framework
Standard Conditions for Adult Accused
Victim Protection Conditions
Additional Protective Measures
Special Procedures for Different Case Types
When Accused is Major (18+ years)
When Accused is Juvenile
Procedural Safeguards
Court Process Management
Appeal and Review Mechanism
Conclusion and Best Practices
Judicial Discretion Guidelines
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Balance fundamental right to bail with victim protection
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Consider each case on individual merits
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Prioritize child victim’s welfare and safety
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Ensure compliance with procedural requirements
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Document reasons for bail grant/refusal clearly
Compliance Monitoring
This comprehensive toolkit ensures that Special Judges handle POCSO bail applications with due consideration to legal requirements, victim protection, and constitutional principles while maintaining the delicate balance between liberty and justice.
Note: This checklist is based on constitutional mandates and Supreme Court judgments. It must be used in conjunction with current legal provisions and recent judicial pronouncements. When in doubt, err on the side of protecting constitutional rights.
Last Updated: Based on judgments up to 2025