Section 33 POCSO: Procedure and powers of Special Court
Protection of Children from Sexual Offences Act, 2012
Section 33 POCSO at a Glance
Section 33 POCSO sets out the procedure and powers of a Special Court, including taking direct cognizance of offences, routing questions to the child through the Special Court, protecting the child's dignity and identity, and directing payment of compensation.
Section 33 POCSO Bare Act Text
33. Procedure and powers of Special Court.
(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.
Section 33 POCSO in Simple Words
Section 33 POCSO lays down the trial procedure and powers of a Special Court and sets safeguards for a child. Under Section 33(1) POCSO, a Special Court may take cognizance of any offence, without the accused being committed to the Special Court for trial, upon receiving a complaint of facts that constitute the offence or upon a police report of such facts.
Under Section 33(2) POCSO, while recording the examination-in-chief, cross-examination, or re-examination of the child, the Special Public Prosecutor or the counsel appearing for the accused must communicate the questions to be put to the child to the Special Court, and the Special Court in turn puts those questions to the child. Under Section 33(3) POCSO, the Special Court may, if the Special Court considers it necessary, permit frequent breaks for the child during the trial. Under Section 33(4) POCSO, the Special Court must 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.
Under Section 33(5) POCSO, the Special Court must ensure that the child is not called repeatedly to testify in the court. Under Section 33(6) POCSO, the Special Court must not permit aggressive questioning or character assassination of the child and must ensure that the dignity of the child is maintained at all times during the trial.
Under Section 33(7) POCSO, the Special Court must ensure that the identity of the child is not disclosed at any time during the course of investigation or trial. As an exception under the proviso to Section 33(7) POCSO, for reasons to be recorded in writing, the Special Court may permit such disclosure if in the opinion of the Special Court such disclosure is in the interest of the child. The Explanation to Section 33(7) POCSO states that the identity of the child includes the identity of the child's family, school, relatives, neighbourhood, or any other information by which the identity of the child may be revealed.
Under Section 33(8) POCSO, 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 the child or for immediate rehabilitation of the child. Under Section 33(9) POCSO, subject to the provisions of POCSO, a Special Court has all the powers of a Court of Session for the purpose of the trial of any offence under POCSO and must 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. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.
When Section 33 POCSO Applies
- A Special Court may take cognizance of any offence upon a complaint of facts or a police report of facts without the accused being committed to it for trial under Section 33(1) POCSO.
- The Special Public Prosecutor and the counsel for the accused must communicate all examination-in-chief, cross-examination, and re-examination questions to the Special Court, which puts them to the child under Section 33(2) POCSO.
- The Special Court may permit frequent breaks under Section 33(3) POCSO, must allow a trusted family member, guardian, friend, or relative in court under Section 33(4) POCSO, and must ensure the child is not called repeatedly to testify under Section 33(5) POCSO.
- The Special Court must not permit aggressive questioning or character assassination of the child and must maintain the child's dignity at all times under Section 33(6) POCSO.
- The Special Court must ensure the child's identity (including family, school, relatives, neighbourhood, or other identifying information) is not disclosed during investigation or trial, unless permitted in writing in the interest of the child under Section 33(7) POCSO.
- The Special Court may direct payment of prescribed compensation in addition to punishment under Section 33(8) POCSO, and exercises the powers and trial procedure of a Court of Session under the Code of Criminal Procedure, 1973 subject to POCSO under Section 33(9) POCSO.
Example of Section 33 POCSO
When Section 33 POCSO Does Not Apply
- Under the proviso to Section 33(7) POCSO, the prohibition on disclosing the identity of the child does not bar disclosure where the Special Court, for reasons recorded in writing, permits disclosure because in its opinion disclosure is in the interest of the child.
FAQs on Section 33 POCSO
What is Section 33 POCSO?▼
Section 33 POCSO defines the procedure and powers of a Special Court, including taking direct cognizance of offences, putting questions to the child through the Special Court, and protecting the child's dignity and identity. Section 33 POCSO also authorises the Special Court to direct payment of compensation to the child and to try offences with the powers of a Court of Session under the Code of Criminal Procedure, 1973.
How does a Special Court take cognizance of an offence under Section 33(1) POCSO?▼
A Special Court may take cognizance upon receiving a complaint of facts that constitute the offence or upon a police report of those facts. Under Section 33(1) POCSO, the accused does not need to be committed to the Special Court for trial first.
Can the lawyer for the accused question the child directly during cross-examination under Section 33(2) POCSO?▼
No. Under Section 33(2) POCSO, both the Special Public Prosecutor and the counsel appearing for the accused must communicate their questions for examination-in-chief, cross-examination, or re-examination to the Special Court, and the Special Court puts those questions to the child.
Who is allowed to be present with the child in court under Section 33(4) POCSO?▼
A family member, a guardian, a friend, or a relative in whom the child has trust or confidence is allowed to be present. Section 33(4) POCSO requires the Special Court to allow this presence to create a child-friendly atmosphere.
Can the Special Court ever allow the identity of the child to be disclosed under Section 33(7) POCSO?▼
Yes, if the Special Court is of the opinion that disclosure is in the interest of the child and records its reasons in writing under the proviso to Section 33(7) POCSO. Otherwise, Section 33(7) POCSO requires the Special Court to ensure that the identity of the child, including family, school, relatives, neighbourhood, or any other identifying information, is never disclosed during investigation or trial.
Can a Special Court award compensation to the child under Section 33(8) POCSO?▼
Yes. Under Section 33(8) POCSO, in appropriate cases, the Special Court may, in addition to the punishment, direct payment of prescribed compensation to the child for any physical or mental trauma caused to the child or for immediate rehabilitation.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·