Section 37 POCSO: Trials to be conducted in camera

Protection of Children from Sexual Offences Act, 2012

Section 37 POCSO at a Glance

Section 37 POCSO requires the Special Court to try cases in camera, with the child's parents or a trusted person present. Where the child needs to be examined outside the court, the Special Court issues a commission under section 284 of the Code of Criminal Procedure, 1973.

Section 37 POCSO Bare Act Text

37. Trials to be conducted in camera.
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).

Section 37 POCSO in Simple Words

Section 37 POCSO requires every trial before a Special Court to be held in camera (in private, closed to the public) and in the presence of the parents of the child or any other person in whom the child has trust or confidence.

Under the proviso to Section 37 POCSO, where the Special Court is of the opinion that the child needs to be examined at a place other than the court, the Special Court must proceed to issue a commission in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973 (2 of 1974). 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 37 POCSO Applies

The Special Court must try cases in camera (in private) under Section 37 POCSO.
The trial must be conducted in the presence of the parents of the child or any other person in whom the child has trust or confidence under Section 37 POCSO.
Where the Special Court is of the opinion that the child needs to be examined at a place other than the court, the Special Court must issue a commission in accordance with Section 284 of the Code of Criminal Procedure, 1973 under the proviso to Section 37 POCSO.

Example of Section 37 POCSO

The Special Court in Udaipur tries a case against Vivek for an offence under POCSO involving a 15-year-old student. Under Section 37 POCSO, the Special Court conducts the trial in camera, excluding the public from the courtroom, and holds the proceedings in the presence of the parents of the 15-year-old student. Because the 15-year-old student is in a hospital and the Special Court is of the opinion that the child needs to be examined at a place other than the court, the Special Court acts under the proviso to Section 37 POCSO and issues a commission in accordance with Section 284 of the Code of Criminal Procedure, 1973 to examine the child outside the court.

FAQs on Section 37 POCSO

What is Section 37 POCSO?▼

Section 37 POCSO requires the Special Court to try cases in camera (in private) and in the presence of the child's parents or any other person in whom the child has trust or confidence. Under its proviso, if the Special Court is of the opinion that the child needs to be examined at a place other than the court, the Special Court must issue a commission in accordance with Section 284 of the Code of Criminal Procedure, 1973.

Are POCSO trials open to the public under Section 37 POCSO?▼

No. Section 37 POCSO mandates that the Special Court must try cases in camera, which means the proceedings are held in private and closed to the public.

Who must be present with the child during a trial under Section 37 POCSO?▼

The parents of the child or any other person in whom the child has trust or confidence. Section 37 POCSO requires the Special Court to try cases in their presence.

Can the child be examined at a place outside the court under Section 37 POCSO?▼

Yes. Under the proviso to Section 37 POCSO, where the Special Court is of the opinion that the child needs to be examined at a place other than the court, the Special Court must proceed to issue a commission in accordance with Section 284 of the Code of Criminal Procedure, 1973.

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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) ·