Kerala High Court directs the State to appoint Special Public Prosecutors exclusively for POCSO cases within six weeks

23 October 2026

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. decided District Court Bar Association and Another v. State of Kerala and Others, WP(PIL) 75/2026, reported as 2026 LiveLaw (Ker) 583.
The Court directed the State to appoint Special Public Prosecutors exclusively for cases under the Protection of Children from Sexual Offences Act within six weeks.
It held that a government order allowing POCSO Special Public Prosecutors to conduct non-POCSO cases under the Juvenile Justice Act could not be sustained.
The State must consider setting up the remaining 13 permanent, exclusive POCSO Special Courts, one in each district other than Ernakulam, in line with the Supreme Court directions.
It must inform the High Court Administration of its decision within four weeks of receiving the judgment.
The Registrar (District Judiciary) must ensure all POCSO courts meet the requirements of the Act, and the State must provide the financial and other assistance needed for infrastructure changes.