Section 38 POCSO: Assistance of an interpreter or expert while recording evidence of child

Protection of Children from Sexual Offences Act, 2012

Section 38 POCSO at a Glance

Section 38 POCSO allows the court to use a qualified translator or interpreter while recording the evidence of a child. If the child has a mental or physical disability, the Special Court may take help from a special educator, familiar communicator, or expert.

Section 38 POCSO Bare Act Text

38. Assistance of an interpreter or expert while recording evidence of child.
(1) wherever necessary, the Court may take the assistance of a translator or interpreter having such qualifications, experience and on payment of such fees as may be prescribed, while recording the evidence of the child.
(2) If a child has a mental or physical disability, the Special Court may take the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed to record the evidence of the child.

Section 38 POCSO in Simple Words

Section 38 POCSO allows the court to take assistance from language and communication specialists while recording the evidence of a child. Under Section 38(1) POCSO, wherever necessary, the court may take the assistance of a translator or an interpreter while recording the evidence of the child. The translator or interpreter must hold the prescribed qualifications and experience and receives the prescribed fees.

Under Section 38(2) POCSO, if a child has a mental or physical disability, the Special Court may take the assistance of a special educator, any person familiar with the manner of communication of the child, or an expert in that field to record the evidence of the child. That specialist or familiar communicator must also hold the prescribed qualifications and experience and is paid the prescribed fees.

Both sub-sections say "may", so the court decides whether to take this help.

When Section 38 POCSO Applies

The court is recording the evidence of a child.
Under Section 38(1) POCSO, wherever necessary, the court may take the assistance of a translator or an interpreter.
Under Section 38(2) POCSO, if the child has a mental or physical disability, the Special Court may take the assistance of a special educator, any person familiar with the manner of communication of the child, or an expert in that field.
The translator, interpreter, special educator, familiar communicator, or expert must have such qualifications and experience and be paid such fees as may be prescribed.

Example of Section 38 POCSO

During a trial before the Special Court in Madurai, a 10-year-old child with a hearing and speech disability needs to give evidence in a POCSO case. The child communicates through sign language taught at the child's school. Under Section 38(2) POCSO, the Special Court takes the assistance of Shabnam, a special educator who has the prescribed qualifications and experience and is familiar with the manner of communication of the child. Shabnam assists the Special Court in recording the evidence of the child and receives the prescribed fees.

FAQs on Section 38 POCSO

What is Section 38 POCSO?▼

Section 38 POCSO empowers the court to take the assistance of a qualified translator or interpreter wherever necessary while recording the evidence of a child. If the child has a mental or physical disability, Section 38(2) POCSO allows the Special Court to take the assistance of a special educator, a person familiar with the manner of communication of the child, or an expert in that field.

Who can assist the Special Court under Section 38(2) POCSO when a child has a mental or physical disability?▼

A special educator, any person familiar with the manner of communication of the child, or an expert in that field can assist the Special Court under Section 38(2) POCSO. The person must have such qualifications and experience as may be prescribed.

Are translators, interpreters, and experts paid for assisting the court under Section 38 POCSO?▼

Yes. Both Section 38(1) POCSO and Section 38(2) POCSO state that the translator, interpreter, special educator, familiar communicator, or expert provides assistance on payment of such fees as may be prescribed.

Is it mandatory for the court to appoint an interpreter in every case under Section 38(1) POCSO?▼

No. Section 38(1) POCSO states that the court may take the assistance of a translator or interpreter wherever necessary while recording the evidence of the child.

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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) ·