Procedure and Guidelines in Handling POCSO Cases
In the previous parts of this series, we explored the introduction to the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in Part 1, and the nature of offences under the Act in Part 2. Continuing our comprehensive examination, Part 3 will focus on the procedures and guidelines in handling POCSO cases, emphasizing the legal provisions that ensure a child-friendly approach.
Creating a Child-Friendly Atmosphere
The POCSO Act mandates the creation of a child-friendly atmosphere during the investigation and trial of cases. This includes allowing a family member or any person the child trusts to be present and ensuring that the child is not summoned to testify time and again.
Section 33(5) of the POCSO Act, 2012
“The Special Court shall create a child-friendly atmosphere by allowing a family member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court.”
Explanation: This provision ensures that the child feels safe and supported during the legal process, reducing potential trauma.
Ensuring Dignity and Privacy of the Child
The Act emphasizes the need to maintain the dignity of the child by disallowing aggressive questioning or character assassination and ensuring the identity of the child is not disclosed during the investigation or trial.
Section 33(7) of the POCSO Act, 2012
“The Special Court shall ensure that the dignity of the child is maintained by ensuring that the child is not exposed to unnecessary distress or hardship during the trial.”
Explanation: This provision safeguards the child’s mental and emotional well-being, ensuring that the legal process does not further victimize the child.
Trial Procedures and Timelines
The POCSO Act stipulates specific procedures for the trial of offenses, including the completion of the trial within one year from the date of taking cognizance of the offense.
Section 35(1) of the POCSO Act, 2012
“The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offense and reasons for delay, if any, shall be recorded by the Special Court.”
Explanation: This provision ensures a swift and efficient legal process, minimizing the duration of the child’s involvement in the trial.
Interim Compensation and Rehabilitation
The Special Court can order interim compensation to meet the relief and rehabilitation needs of the child. This compensation is payable by the State Government from the Victims Compensation Fund or other similar schemes.
Section 33(8) of the POCSO Act, 2012
“The Special Court may, in appropriate cases, award interim compensation to meet the immediate needs of the child for relief or rehabilitation at any stage after registration of the First Information Report.”
Explanation: This provision recognizes the immediate financial needs that may arise for the child’s care and rehabilitation, ensuring timely support.
Conclusion
The procedures and guidelines in handling POCSO cases reflect a thoughtful and child-centric approach. From creating a child-friendly atmosphere to ensuring timely trials and interim compensation, the POCSO Act, 2012, provides a comprehensive framework that prioritizes the child’s well-being. These provisions are instrumental in making the legal process more accessible and less intimidating for child victims.
References and Provisions of Law Referred
- Protection of Children from Sexual Offences Act, 2012
- Section 33(5): Creating a child-friendly atmosphere
- Section 33(7): Ensuring dignity and privacy of the child
- Section 35(1): Trial procedures and timelines
- Section 33(8): Interim compensation and rehabilitation
This article offers an in-depth look at the procedures and guidelines in handling POCSO cases, as outlined in the POCSO Act, 2012. It builds on the previous parts of the series, contributing to a holistic understanding of the Act’s provisions and their practical implications in the legal protection of children in India.
