Section 39 POCSO: Guidelines for child to take assistance of experts, etc

Protection of Children from Sexual Offences Act, 2012

Section 39 POCSO at a Glance

Section 39 POCSO requires the State Government to prepare guidelines for using non-governmental organisations, professionals, and experts to assist a child during the pre-trial and trial stages. These guidelines cover specialists in psychology, social work, physical health, mental health, and child development.

Section 39 POCSO Bare Act Text

39. Guidelines for child to take assistance of experts, etc.

Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child.

Section 39 POCSO in Simple Words

Section 39 POCSO requires the State Government to prepare guidelines so that a child can receive support from qualified organisations and specialists during a POCSO case. The State Government's duty to prepare these guidelines is subject to such rules as may be made in this behalf.

Under Section 39 POCSO, the State Government guidelines cover the use of non-governmental organisations, professionals, and experts, or persons having knowledge of psychology, social work, physical health, mental health, and child development. These organisations, professionals, and experts are associated with both the pre-trial stage and the trial stage to assist the child.

When Section 39 POCSO Applies

  • The State Government must prepare guidelines, subject to such rules as may be made in this behalf.
  • The guidelines govern the use of non-governmental organisations, professionals, and experts, or persons having knowledge of psychology, social work, physical health, mental health, and child development.
  • These organisations, professionals, and experts are associated with the pre-trial stage and the trial stage to assist the child.

Example of Section 39 POCSO

After an offence under POCSO is reported in Mangaluru involving a 12-year-old student, the child requires psychological and social support before and during the proceedings before the Special Court. Under the guidelines prepared by the State Government under Section 39 POCSO, Swati, a professional having knowledge of psychology and child development, and a local non-governmental organisation are associated with the case. Swati and the organisation assist the 12-year-old student during the pre-trial stage and continue to assist the child through the trial stage.

FAQs on Section 39 POCSO

What is Section 39 POCSO?▼

Section 39 POCSO requires the State Government, subject to rules made in this behalf, to prepare guidelines for the use of non-governmental organisations, professionals, and experts to assist a child during the pre-trial and trial stages. It covers persons having knowledge of psychology, social work, physical health, mental health, and child development.

Which authority prepares the guidelines under Section 39 POCSO?▼

The State Government prepares the guidelines under Section 39 POCSO. The State Government prepares these guidelines subject to such rules as may be made in this behalf.

What areas of knowledge are listed in Section 39 POCSO for persons assisting a child?▼

Psychology, social work, physical health, mental health, and child development are the five areas of knowledge listed in Section 39 POCSO. Non-governmental organisations, professionals, experts, or persons with knowledge of these fields may be associated with the pre-trial and trial stages to assist the child.

At which stages of a POCSO case do experts assist the child under Section 39 POCSO?▼

Both the pre-trial stage and the trial stage are covered under Section 39 POCSO. The guidelines prepared by the State Government govern how organisations, professionals, and experts are associated with both stages to assist 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) ·