Kerala High Court gives the State six weeks to appoint prosecutors who handle POCSO cases alone

17 October 2026

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. disposed of WP(PIL) 75/2026, District Court Bar Association v. State of Kerala, directing the State to appoint Special Public Prosecutors exclusively for POCSO cases within six weeks.
The petition had challenged a government order that let Special Public Prosecutors appointed for POCSO cases also conduct non-POCSO cases under the Juvenile Justice Act; the Court found that order could not be sustained as it conflicted with the Supreme Court's directions in In Re Alarming Rise in the Number of Reported Child Rape Incidents.
The Director General of Prosecution had relied on the definition of Children's Court in Section 2(20) of the Juvenile Justice Act, which the Court did not accept.
The State must also consider setting up 13 permanent exclusive POCSO Special Courts, one in each district other than Ernakulam, and inform the High Court Administration of its decision within four weeks.
The Registrar (District Judiciary) must ensure all POCSO courts meet the Act's requirements, and the State must provide the financial and other assistance needed for the changes.