POCSO: Special Courts and Child Friendly Procedure

In one line

Sections 28 to 38 of the Protection of Children from Sexual Offences Act 2012 designate Special Courts, provide Special Public Prosecutors, and prescribe a child-friendly procedure whose object is to obtain the child's evidence without the trial itself injuring the child.

Section 28: the Special Court

For the purposes of providing a speedy trial, the State Government shall, in consultation with the Chief Justice of the High Court, by notification, designate for each district a Court of Session to be a Special Court to try the offences under the Act.

Where a Court of Session has been notified as a Children's Court under the Commissions for Protection of Child Rights Act 2005, or a special court designated under any other law, that court is deemed to be a Special Court under this Act.

And a Special Court has jurisdiction to try any offence under the Penal Code with which the accused may be charged at the same trial.

That last provision matters, because a single incident frequently constitutes both a POCSO offence and a Penal Code offence, and without it the case would be split between two courts.

Section 32: the Special Public Prosecutor

The State Government shall, by notification, appoint a Special Public Prosecutor for every Special Court, for conducting cases only under the provisions of this Act.

A person is eligible if in practice as an advocate for not less than seven years, and such a prosecutor is deemed to be a Public Prosecutor.

The words for conducting cases only under the provisions of this Act are the significant ones, because they make the appointment exclusive rather than additional.

The child-friendly procedure

Sections 33 to 38 are the operative provisions and their content should be given as a list.

Section 33. The Special Court may take cognizance of an offence without the accused being committed to it for trial. The Special Public Prosecutor or the defence counsel shall communicate questions to the Special Court, which shall put them to the child. The Court may permit frequent breaks. The Court shall create a child-friendly atmosphere by permitting a family member, guardian, friend or relative in whom the child has trust to be present. The Court shall not permit aggressive questioning or character assassination of the child and shall ensure that the dignity of the child is maintained at all times. The identity of the child shall not be disclosed at any time, unless the Court for reasons recorded permits it in the child's interest.

Section 34. Procedure where the age of the person is in question, and the Court's determination of age.

Section 35, the time limits. The evidence of the child shall be recorded within thirty days of the Special Court taking cognizance, and reasons for delay shall be recorded. The trial shall be completed, as far as possible, within one year from the date of taking cognizance.