How a Special Court Conducts the Trial

In one line

The Special Court takes cognizance without committal, questions the child itself, keeps him from ever seeing the accused, sits in camera, and finishes in a year.

In exam wording: sections 33 to 38 of the Protection of Children from Sexual Offences Act, 2012 prescribe the procedure and powers of the Special Court, the procedure where the offence is committed by a child, the periods for recording evidence and disposal, the rule that the child is not to see the accused, in camera trials, and the assistance of interpreters and experts.

Why the law has this at all

The Act has done everything it can before the trial: the statement was taken at home, the medical examination was done with a trusted person present, the identity was protected. All of that is undone if the child then has to stand in an open courtroom and be cross-examined by the accused's advocate with the accused watching.

So Chapter VIII rebuilds the trial around the child, and each section removes one specific source of harm.

Committal, removed by section 33(1): the Special Court takes cognizance directly, so there is no preliminary proceeding before another court.

Direct cross-examination, removed by section 33(2): the questions go through the Judge.

Sight of the accused, removed by section 36, without taking away the accused's right to hear and to instruct his advocate, which is what makes the arrangement fair rather than one-sided.

The public, removed by section 37: the trial is in camera, in the presence of the parents or a person the child trusts.

Repeated appearances, removed by section 33(5): the child is not to be called repeatedly to testify.

Hostile questioning, removed by section 33(6): no aggressive questioning or character assassination, and the dignity of the child maintained at all times.

And delay, removed by section 35: thirty days for the child's evidence, one year for the trial.

Some words this chapter uses

In camera means not in open court.

Single visibility mirrors in section 36(2) allow one side to see without being seen.

A commission under section 37's proviso is the device from section 284 of the Code of Criminal Procedure, 1973, which this book covers in Module III as section 319 of the Bharatiya Nagarik Suraksha Sanhita.

Section 33: procedure and powers

Sub-section (1), no committal. A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts.

Sub-section (2), questions through the Court. The Special Public Prosecutor, or the counsel appearing for the accused, shall, while recording the examination-in-chief, cross-examination or re-examination of the child, communicate the questions to be put to the child to the Special Court, which shall in turn put those questions to the child.