Don’t refer to minor victims in POCSO cases as ‘prosecutrix’: Delhi court pulls up police

On October 30, the Delhi Police filed a final report in connection with the case. Police said they had seized the DVR from the school which is being analysed by the forensic labs. The court noted that the child’s medical examination, a statement under section 164 of CrPC, along with MLC and potency test of the accused were done.

The court took cognizance of the charges mentioned in the final report and said there was “sufficient ground” for proceedings against the accused.

However, the judge then noted that the investigating officer and the police in general use the word “prosecutrix” in their reports and chargesheets.

“The court has noticed that in most chargesheets, including the present one, which is related to the offences under the POCSO Act, the victim is generally referred to as ‘prosecutrix’. The word ‘prosecutrix’ means a female prosecutor. However, a victim who is a minor cannot be a prosecutrix and, therefore, use of such word is not legal and proper,” said the judge.

He also asked that the order be sent to the Delhi Police Commissioner and DCP (South) to sensitise the officers who are investigating cases of the POCSO Act so that the word “prosecutrix” is not used for a victim.