Section 37 of The Protection of Children from Sexual Offences Act, 2012
The Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence: Provided that where the Special Court is of the opinion that the child needs to be examined at a place other than the court, it shall proceed to issue a commission in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973 (2 of 1974).
Summary
- The Special Court must conduct all trial proceedings in camera, which means privately and closed to the general public.
- The trial must be held in the presence of the child's parents or any other person in whom the child has trust or confidence.
- If the Special Court decides that the child needs to be examined at a location other than the courtroom, it has the authority to issue a commission.
- Any commission issued for out of court examination must follow the procedures laid down under Section 284 of the Code of Criminal Procedure, 1973.
Practical examples
FAQ
1. What does trying a case in camera actually mean for a trial under this section?
It means the trial is held in private, in a closed courtroom where members of the public, media, and spectators are not allowed to watch.
2. Who is permitted to be present in the room during an in camera trial under this section?
Besides the court officials, the parents of the child or any other specific person in whom the child has trust or confidence must be present.
3. Can a child be examined outside of the Special Court's physical building?
Yes, if the Special Court believes the child needs to be examined elsewhere, it can issue a commission under Section 284 of the Code of Criminal Procedure, 1973 to conduct the examination at another location.
Test yourself
Q1.Under Section 37 of The Protection of Children from Sexual Offences Act, 2012, who has a statutory right to be present alongside the child during the private proceedings?
Q2.Under Section 37 of The Protection of Children from Sexual Offences Act, 2012, what legal mechanism must the Special Court use if it decides that the child needs to be examined at a location other than the courtroom?
Q3.Under Section 37 of The Protection of Children from Sexual Offences Act, 2012, which of the following describes the default manner in which the Special Court must try cases?
Q4.Under Section 37 of The Protection of Children from Sexual Offences Act, 2012, which law governs the procedure when the Special Court decides to examine the child at an out of court location?