BACHPAN BACHAO ANDOLAN versus UNION OF INDIA & ORS.

Citation: [2023] 13 S.C.R. 658 · Decided: 18-08-2023 · Supreme Court of India · Bench: S. RAVINDRA BHAT · Disposal: Directions issued
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Judgment (excerpt)

[2023] 13 S.C.R. 658 : 2023 INSC 745
658
CASE DETAILS
BACHPAN BACHAO ANDOLAN
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 427 of 2022)
 AUGUST 18, 2023
[S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.]
HEADNOTES
Issue for consideration: The role of a ‘support person’ as envisaged 
in the Protection of Children from Sexual Oﬀ ences Rules, 2020.
Protection of Children from Sexual Oﬀ ences Act, 2012 – Protection 
of Children from Sexual Oﬀ ences Rules, 2020 – Role of the support 
person:
HELD: A support person is to provide information, emotional and 
psychological support, and practical assistance which are often crucial to the 
recovery of the child – This can go a long way in helping them cope with 
the aftermath of the crime and with the strain of any criminal proceedings 
– in many ways a support person, acts as guardian ad litem for the child – A 
support person-whether involved from the early stages of lodging a report or 
brought on board shortly thereafter-can play a tremendous role in oﬀ ering 
encouragement, reassurance, and guidance, merely from their knowledge 
of the legalese, armed with a compassionate child-friendly approach – 
Their potential in providing moral support and guidance, which directly 
translates to better and more just outcomes both in terms of prosecution, and 
rehabilitation, cannot be overstated – To fulﬁ l their role as envisaged, their 
primary focus, must be the child’s immediate care and protection, and to 
play the role of a helpful intermediary between the child, its family/guardian, 
and the various institutional stakeholders and authorities. [Paras 4 and 6]
Protection of Children from Sexual Oﬀ ences Act, 2012 – Protection 
of Children from Sexual Oﬀ ences Rules, 2020 – Responsibility of the 
support person:
659
BACHPAN BACHAO ANDOLAN v. 
UNION OF INDIA & ORS. 
HELD: The support person is responsible for accompanying the child 
during recording of statement, medical examination, depositions, and to 
assist in all other interactions at the investigation, pre-trial, and trial stage 
– The support person is to make available public or private emergency and 
crisis services; ensure availability of free legal aid; provide assistance with 
navigating the victim compensation scheme; track the status of investigation, 
arrest, and ﬁ ling of charges of the accused person; follow the dates of the 
court proceedings to enable the victim or family to attend as required; and 
be abreast of any other developments such as grant of bail, detention status, 
etc. of the accused. [Para 5]
Protection of Children from Sexual Oﬀ ences Rules, 2020 – Form 
A – Importance of:
HELD: The POCSO Rules, also contain ‘Form-A’ which as per Rule 
4(14) is to be handed over to the child victim, parents/guardian, or any other 
person in whom the child trusts, to inform them of the entitlements the child 
victim must receive as information and services – This form re-emphasises 
the importance of a support person in each case, and is also indicative of the 
stages at which such a support person can play a role in. [Para 8]
Protection of Children from Sexual Oﬀ ences Act, 2012 – Protection 
of Children from Sexual Oﬀ ences Rules, 2020 – Support person – 
Reviewing of facts and framing of rules/guidelines – Directions issued:
HELD: In furtherance of the mandate of s.39 of the POCSO Act, 
the Principal Secretary to the Department of Women and Child Welfare, 
in the State of Uttar Pradesh shall convene a meeting to review the facts, 
take action, and frame rules/guidelines as necessary, on the following: (i) 
Assess capabilities in the State with respect to the support persons ecosystem 
for the selection, appointment, need for special rules/guidelines/Standard 
Operating Procedure in regard to their appointment/empanelment, training, 
career advancement and terms and conditions of employment; (ii) To 
achieve the said purpose, require the presence of the Chairperson, of the 
State Commission for the Protection of Child Rights (SCPCR), Secretary, 
State Legal Service Authority, senior-most President of a JJB and senior-
most Chairperson of a CWC in the state, and a representative from the State 
Commission for Women; (iii) details may be called from each District Child 
Protection Unit (DCPU), as to the list of support persons maintained by it 
660 
SUPREME COURT REPORTS 
[2023] 13 S.C.R.
as per Rule 5(1) – which is to include the names of persons or organisations 
working in the ﬁ eld of child rights or child protecti
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