Section 35 POCSO: Period for recording of evidence of child and disposal of case
Protection of Children from Sexual Offences Act, 2012
Section 35 POCSO at a Glance
Section 35 POCSO requires the Special Court to record the child's evidence within 30 days of taking cognizance of the offence, recording reasons for any delay, and to complete the trial as far as possible within 1 year of taking cognizance.
Section 35 POCSO Bare Act Text
35. Period for recording of evidence of child and disposal of case.
(1) The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court.
(2) The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
Section 35 POCSO in Simple Words
Section 35 POCSO sets time limits for a Special Court to record the evidence of a child and to dispose of the case. Under Section 35(1) POCSO, the evidence of the child must be recorded within a period of 30 days of the Special Court taking cognizance of the offence, and reasons for delay, if any, must be recorded by the Special Court.
Under Section 35(2) POCSO, the Special Court must complete the trial, as far as possible, within a period of 1 year from the date of taking cognizance of the offence. Both time limits in Section 35 POCSO are counted from the date on which the Special Court takes cognizance of the offence.
When Section 35 POCSO Applies
- The Special Court must record the evidence of the child within 30 days of taking cognizance of the offence under Section 35(1) POCSO.
- If there is any delay in recording the child's evidence beyond 30 days, the Special Court must record the reasons for the delay under Section 35(1) POCSO.
- The Special Court must complete the trial, as far as possible, within 1 year from the date of taking cognizance of the offence under Section 35(2) POCSO.
Example of Section 35 POCSO
FAQs on Section 35 POCSO
What is Section 35 POCSO?▼
Section 35 POCSO sets the periods within which a Special Court must record the evidence of a child and complete a trial under POCSO. Section 35(1) POCSO requires the child's evidence to be recorded within 30 days of taking cognizance (with reasons recorded for any delay), and Section 35(2) POCSO requires the trial to be completed, as far as possible, within 1 year of taking cognizance.
Within how many days must the evidence of the child be recorded under Section 35(1) POCSO?▼
30 days from the Special Court taking cognizance of the offence. If there is any delay beyond 30 days, Section 35(1) POCSO requires the Special Court to record the reasons for the delay.
Within what period must the Special Court complete a trial under Section 35(2) POCSO?▼
1 year from the date of taking cognizance of the offence, as far as possible. Section 35(2) POCSO sets this 1-year timeline for completing the trial.
From which event are the 30-day and 1-year periods in Section 35 POCSO counted?▼
From the date the Special Court takes cognizance of the offence. Both Section 35(1) POCSO and Section 35(2) POCSO measure their periods from the taking of cognizance.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·