Special courts in districts alone can try child marriage, POCSO cases

Setting aside the bail granted by the Judicial Magistrate, Virudhachalam to one Mahalakshmi arrayed as an accused under both the Child Marriage and POCSO Act, Justice MV Muralidharan, said, “It is made clear that as per Sections 9 and 10 of the Child Marriage Act and Section 4 of POSCO Act, 2012, the District Court, which has been designated as a Special Court alone has the power to deal with the matter including bail and anticipatory bail and the hearing of the case itself.” 

The matter relates to a petition filed by one Arumugam, paternal uncle of the victim, a minor girl, who was forcibly married off. He had sought to cancel the bail granted to the accused stating that since the district court alone has the power to deal with such matters, the bail granted by the Judicial Magistrate is illegal. 

During the hearing, when Justice Muralidharan had called for an explanation, the Magistrate submitted that Sections 9 and 10 of Prohibition of Child Marriage Act and Sections 294 (b) and 506 (i) of the IPC can be handled by the Judicial Magistrate and therefore he was under the impression that he could exercise his discretion in favour of the accused viz., Mahalakshmi and considering her case, the bail was granted. Refusing to accept the Magistrate’s submission and holding that he has no power to pass any order on the bail application filed by the accused, the judge set aside the bail granted as ‘totally not maintainable.’ 

The judge also directed the Inspector of Police, Virudhachalam All Women Police Station, to arrest Mahalakshmi immediately and remand her in judicial custody.