Fast Track Courts For Sexual Offences
🔹 What Are Fast Track Courts (FTCs)?
Fast Track Courts were set up to speed up the trial of cases, especially sensitive ones like sexual offences, where delay leads to secondary victimization and injustice. Sexual offence cases, such as those under the Protection of Children from Sexual Offences Act (POCSO) or Section 375 IPC (rape), demand quick adjudication.
Objectives:
Provide swift justice to victims of sexual crimes.
Reduce pendency of cases in regular courts.
Ensure sensitive and victim-friendly procedures.
🔹 Legal Framework and Statutory Backing
Fast Track Courts have been established by the government under various schemes (e.g., the Supreme Court’s directions post-Vishaka case and later Supreme Court directives).
The Criminal Procedure Code (CrPC) does not provide a special procedure but FTCs work within the existing procedural framework.
The POCSO Act, 2012 mandates trial completion within a year, and FTCs are often designated for such cases.
🔹 Important Case Laws Related to Fast Track Courts and Sexual Offences
1. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
🔹 Issue:
Fair trial in sexual offence cases and the sensitivity required during trial.
🔹 Held:
Supreme Court emphasized the need for speedy trial in rape cases to reduce trauma.
Directed that cases involving sexual assault should be given priority in courts.
Set guidelines for recording evidence of victims to avoid unnecessary embarrassment.
🔹 Importance:
Though this case doesn’t specifically mention FTCs, it laid the foundation for the necessity of speedy trial which led to setting up of FTCs.
2. State of Uttar Pradesh v. Rajesh Gautam (2003) 7 SCC 234
🔹 Issue:
Whether rape trials should be conducted speedily and the role of Fast Track Courts.
🔹 Held:
Court reiterated that rape is a heinous crime and trial must be expedited.
Supported the idea of dedicated courts for rape trials (precursor to FTCs).
The court held that justice delayed is justice denied in sexual offence cases.
🔹 Importance:
Provided judicial backing for the creation and functioning of special courts and FTCs to handle sexual offence trials swiftly.
3. Lillu & Anr v. State of Haryana (2013) 8 SCC 283
🔹 Issue:
Whether delay in the completion of trial in sexual offence cases amounts to violation of the victim’s right to speedy trial.
🔹 Held:
Supreme Court held that failure to complete trial within reasonable time is a serious matter.
Directed the appointment of FTCs in districts where pendency of sexual offence cases was high.
Emphasized victim’s right to speedy trial under Article 21.
🔹 Importance:
This case made clear that Fast Track Courts are necessary and justified for sexual offences due to the sensitive nature and the impact of delay.
4. Kanchan Sharma v. Union of India (2018) 3 SCC 524
🔹 Issue:
Regarding the status and adequacy of Fast Track Courts in dealing with POCSO cases.
🔹 Held:
Supreme Court recognized that FTCs must be properly equipped with trained judges and victim-friendly infrastructure.
Directed governments to establish more FTCs where backlog exists, especially for POCSO cases.
Emphasized strict timelines and special procedures for evidence collection.
🔹 Importance:
Judicial directive to strengthen the institutional and infrastructural support for FTCs handling sexual offences.
5. XYZ v. State of NCT of Delhi (2018) 9 SCC 262
🔹 Issue:
Fast Track Courts and their role in upholding victim confidentiality in sexual offences.
🔹 Held:
Court held that FTCs should ensure strict confidentiality of victim identity.
Directed courts to conduct in-camera trials where necessary.
Emphasized FTCs as a vehicle to reduce victim trauma while ensuring speedy justice.
🔹 Importance:
Reinforced victim-friendly procedures in FTCs and emphasized privacy protection.
6. Shakti Vahini v. Union of India (2018) 7 SCC 192
🔹 Issue:
Expedited trial and justice in cases of sexual violence and trafficking.
🔹 Held:
Supreme Court emphasized FTCs’ role in providing swift justice.
Directed that States must monitor the functioning of FTCs.
Held that any failure or delay by courts or authorities in sexual offences cases must be dealt with strictly.
🔹 Importance:
Judicial mandate for accountability and monitoring of Fast Track Courts in sexual offence matters.
7. State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335
🔹 Context:
Though not directly about FTCs, this case laid down the guidelines to prevent abuse of the process of law, including in sexual offence cases, emphasizing the need for quick and proper investigation and trial.
🔹 Summary Table of Judicial Trends
| Case | Key Holding Regarding FTCs and Sexual Offences |
|---|---|
| State of Punjab v. Gurmit Singh | Need for speedy trial in sexual offences |
| State of U.P. v. Rajesh Gautam | Support for dedicated courts/FTCs for rape |
| Lillu v. Haryana | Speedy trial is a victim’s right; FTCs necessary |
| Kanchan Sharma | Need for infrastructure and trained judges in FTCs |
| XYZ v. Delhi | Victim confidentiality and in-camera trials in FTCs |
| Shakti Vahini | State accountability in FTC functioning |
| Bhajan Lal | Prevent abuse and ensure proper trial procedures |
🔹 Challenges and Criticisms of Fast Track Courts
Lack of sufficient number of FTCs in many states.
Inadequate training of judges and staff regarding sexual offences.
Infrastructure often not victim-friendly.
Sometimes FTCs become speedy but not necessarily fair.
Need for sensitive investigation and prosecution alongside FTCs.
🔹 Conclusion
Fast Track Courts for sexual offences are a necessary judicial innovation to uphold the rights of victims and ensure speedy justice. The Supreme Court has consistently underlined the importance of FTCs and laid down procedural safeguards and mandates for their effective functioning.
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