Section 39 of The Protection of Children from Sexual Offences Act, 2012
Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child.
Summary
- The State Government is mandated to prepare guidelines to assist children under this section.
- These guidelines are subject to any rules made under this Act.
- The guidelines govern how the State can associate experts, professionals, or non-governmental organizations with the child.
- These experts must have specialized knowledge in psychology, social work, physical health, mental health, or child development.
- The experts and organizations are associated with the child during both the pre-trial and trial stages of the case.
- The primary purpose of this association is to provide necessary assistance to the child throughout the legal process.
Practical examples
FAQ
1. Who is responsible for preparing the guidelines under this section?
The State Government is responsible for preparing the guidelines, subject to any rules made under the Act.
2. At what stages of the legal process can the experts and organizations assist the child?
They can be associated with and assist the child at both the pre-trial stage (investigation and preparation) and the trial stage (court proceedings).
3. What specific fields of expertise are mentioned for the individuals or groups assisting the child?
The fields mentioned are psychology, social work, physical health, mental health, and child development.
4. Can non-governmental organizations (NGOs) be involved under this section?
Yes, the guidelines explicitly cover the use of non-governmental organizations, as well as professionals and experts, to assist the child.
Test yourself
Q1.Under Section 39 of The Protection of Children from Sexual Offences Act, 2012, which authority is mandated to prepare the guidelines for associating experts and non-governmental organizations with the child?
Q2.Under Section 39 of The Protection of Children from Sexual Offences Act, 2012, during which stages of the legal process are the experts and non-governmental organizations to be associated with the child?
Q3.Under Section 39 of The Protection of Children from Sexual Offences Act, 2012, which of the following is NOT a field of knowledge explicitly listed in the section for experts who may assist the child?
Q4.Under Section 39 of The Protection of Children from Sexual Offences Act, 2012, whose guidelines govern the association of non-governmental organizations (NGOs) to assist the child?