Section 33 of The Protection of Children from Sexual Offences Act, 2012
- (1)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.
- (2)The Special Public Prosecutor, or as the case may be, 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.
- (3)The Special Court may, if it considers necessary, permit frequent breaks for the child during the trial.
- (4)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.
- (5)The Special Court shall ensure that the child is not called repeatedly to testify in the court.
- (6)The Special Court shall not permit aggressive questioning or character assassination of the child and ensure that dignity of the child is maintained at all times during the trial.
- (7)The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial: Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if in its opinion such disclosure is in the interest of the child. Explanation.--For the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed.
- (8)In appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.
- (9)Subject to the provisions of this Act, a Special Court shall, for the purpose of the trial of any offence under this Act, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session, and as far as may be, in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974) for trial before a Court of Session.
Summary
- The Special Court can take notice of any offence directly upon receiving a complaint or a police report, without the case being committed by a magistrate.
- Lawyers cannot ask questions directly to the child witness; they must communicate questions to the court, which then asks the child.
- The court can allow frequent breaks for the child during the trial if it considers them necessary.
- The court must create a child-friendly atmosphere by allowing a trusted family member, guardian, friend, or relative to be present.
- The court must ensure that the child is not called repeatedly to testify.
- The court must block aggressive questioning and character attacks, and it must keep the child's identity, school, and neighborhood secret unless disclosure is in the child's interest.
- The court can order the payment of compensation to the child for physical or mental trauma or for immediate rehabilitation.
- The Special Court holds all the powers of a Court of Session and follows its trial procedures.
Practical examples
FAQ
1. Can a Special Court start a trial without a lower magistrate committing the case to it?
Yes, a Special Court can take cognizance of an offence directly upon receiving a complaint of facts or a police report, without any committal proceedings.
2. How are questions asked to a child witness during a trial?
The Special Public Prosecutor or the defense counsel must communicate their questions to the Special Court, and the court itself will ask those questions to the child.
3. Who can be present to help create a child-friendly atmosphere in court?
The court must allow a family member, guardian, friend, or relative in whom the child has trust or confidence to be present.
4. Is the child's school or neighborhood considered part of their identity?
Yes, the identity of the child includes their family, school, relatives, neighborhood, or any other information that might reveal who they are.
5. Can the court order compensation for a child's mental trauma?
Yes, sub-section (8) allows the court to direct payment of prescribed compensation for physical or mental trauma, or for immediate rehabilitation.
Test yourself
Q1.Under Section 33 of The Protection of Children from Sexual Offences Act, 2012, how are questions from the defense counsel or the prosecutor put to the child during trial?
Q2.Under Section 33 of The Protection of Children from Sexual Offences Act, 2012, what is the prerequisite for a Special Court to take cognizance of an offence?
Q3.Under Section 33 of The Protection of Children from Sexual Offences Act, 2012, which of the following is explicitly included in the definition of a child's identity that must be protected?
Q4.Under Section 33 of The Protection of Children from Sexual Offences Act, 2012, read in conjunction with Section 32 of the same Act, who is authorized to communicate questions to the Special Court to be put to the child witness?