Journal of African Development

This paper will be a comparative study of the bail systems in the Protection of Children from Sexual Offences Act, 2012 of India and the Criminal Procedure Act of South Africa with specific reference to the cases of child sex offences. The paper explores the legislative provisions, judicial meanings, and practical connotations of the bail adjudication in the jurisdictions, their major similarities, differences and possible reformations. The comparison will examine how the two legal regimes will balance the rights of the accused against this ultimate need of safeguarding the children victims and making justice. Moreover, it also looks at the socio-legal factors that have been present on the determination of bails such as the rate of pre-trial detention, and the effect of this alternative on the vulnerable groups in both countries. The larger aim is to determine the best practices and offer suggestions to enhancing child protection mechanisms under the Indian and South African bail jurisprudence. This comparative analysis also takes into account the history of child protection law development in these countries, where the POCSO Act of 2012 in India was informed by previous laws in the United Kingdom and South Africa.