The Delhi High Court has upheld the conviction of a Border Security Force (BSF) officer by a General Security Force Court (GSFC) for sexually assaulting a 10-year-old boy, ruling that GSFCs are fully competent to try offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The GSFC had sentenced the officer to 20 years’ rigorous imprisonment and dismissed him from service for aggravated penetrative sexual assault under Section 6 of the POCSO Act, along with charges under Sections 377 and 342 of the IPC (now reflected in the Bharatiya Nyaya Sanhita, 2023).
On challenge, the High Court rejected the argument that GSFC lacked jurisdiction over POCSO offences. Referring to Section 42A of the POCSO Act, the Bench held that the statute operates in addition to existing laws and does not curtail the authority of security force courts under the BSF Act.
The Court also reiterated the narrow scope of judicial review under Article 226, refusing to reappraise evidence and finding the GSFC’s judgment to be reasoned, lawful, and based on credible testimony. It observed that the victim’s statements were cogent and convincing, with no “perversity or illegality” in the findings or sentence.
Cases Relied On:
Kailash Chand Dig v. UOI, 2025 SCC OnLine Del 2500
KSL and Industries Ltd v. Arihant Threads Ltd., (2015) 1 SCC 166
Appearances:
For the Petitioner: Mr. Nityanand Singh, Mr. Vinay Ahrodia, Ms. Sonu Kumari, Ms. Prity Raj, Advocates
For the Respondents: Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur Waraich, Mr. Kritarth Upadhyay, Mr. Vivek Sharma, Ms. Aprajita Verma, Ms. Khushi, Mr. Saksham Sharma, Advocates