Section 36 POCSO: Child not to see accused at the time of testifying

Protection of Children from Sexual Offences Act, 2012

Section 36 POCSO at a Glance

Section 36 POCSO requires the Special Court to ensure that the child is not exposed to the accused while testifying, using video conferencing, single visibility mirrors, curtains, or other devices, while ensuring the accused hears the statement and communicates with the accused's advocate.

Section 36 POCSO Bare Act Text

36. Child not to see accused at the time of testifying.

(1) The Special Court shall ensure that the child is not exposed in anyway to the accused at the time of recording of the evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate.

(2) For the purposes of sub-section (1), the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device.

Section 36 POCSO in Simple Words

Section 36 POCSO protects a child from facing the accused while giving evidence before a Special Court. Under Section 36(1) POCSO, the Special Court must ensure that the child is not exposed in any way to the accused at the time of recording the evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with the advocate for the accused. The official text prints "in anyway"; the sense is "in any way".

Under Section 36(2) POCSO, for the purposes of Section 36(1) POCSO, the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device.

When Section 36 POCSO Applies

  • The Special Court must ensure that the child is not exposed in any way to the accused at the time of recording the evidence under Section 36(1) POCSO.
  • At the same time, the Special Court must ensure that the accused is in a position to hear the statement of the child and communicate with the advocate for the accused under Section 36(1) POCSO.
  • The Special Court may record the child's statement through video conferencing or by using single visibility mirrors, curtains, or any other device under Section 36(2) POCSO.

Example of Section 36 POCSO

During a trial before the Special Court in Jodhpur for an offence under POCSO against Naveen, a 14-year-old student attends court to give evidence. Under Section 36(1) POCSO, the Special Court ensures that the 14-year-old student is not exposed in any way to Naveen when the evidence is recorded. Acting under Section 36(2) POCSO, the Special Court uses a curtain and video conferencing so that the 14-year-old student does not see Naveen. At the same time, under Section 36(1) POCSO, the Special Court ensures that Naveen can hear the statement of the 14-year-old student and can communicate with Farida, the advocate representing Naveen.

FAQs on Section 36 POCSO

What is Section 36 POCSO?▼

Section 36 POCSO requires the Special Court to ensure that a child is not exposed in any way to the accused when the child's evidence is recorded, while ensuring that the accused can hear the statement and communicate with the advocate for the accused. Section 36(2) POCSO allows the Special Court to use video conferencing, single visibility mirrors, curtains, or any other device for this purpose.

Can a child be made to see the accused while testifying in the Special Court under Section 36(1) POCSO?▼

No. Under Section 36(1) POCSO, the Special Court must ensure that the child is not exposed in any way to the accused at the time of recording the evidence.

How does the accused follow the child's testimony under Section 36(1) POCSO?▼

The Special Court must ensure that the accused is in a position to hear the statement of the child and communicate with the advocate for the accused. Section 36(1) POCSO requires both safeguards alongside shielding the child from exposure to the accused.

What devices can the Special Court use to record the child's statement under Section 36(2) POCSO?▼

Video conferencing, single visibility mirrors, curtains, or any other device may be used. Section 36(2) POCSO empowers the Special Court to use any of these methods to meet the requirements of Section 36(1) POCSO.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·