Section 33 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
33. Procedure and powers of Special Court.
(1) A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the accused shall, while recording the examination-in-chief, cross-examination or re-examination of the child, communicate the questions to be put to the child to the Special Court which shall in turn put those questions to the child.
(3) The Special Court may, if it considers necessary, permit frequent breaks for the child during the trial.
(4) The Special Court shall create a child-friendly atmosphere by allowing a family member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court.
(5) The Special Court shall ensure that the child is not called repeatedly to testify in the court.
(6) The Special Court shall not permit aggressive questioning or character assassination of the child and ensure that dignity of the child is maintained at all times during the trial.
(7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if in its opinion such disclosure is in the interest of the child.
Explanation.—For the purposes of this sub-section, the identity of the child shall include the identity of the child’s family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed.
(8) In appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.
(9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the trial of any offence under this Act, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session, and as far as may be, in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974) for trial before a Court of Session.
Visual Summary
Direct Cognizance
The Special Court can start proceedings immediately upon receiving a complaint or police report, bypassing the committal stage usually required in Sessions Courts.
Shielded Questioning
Defense lawyers cannot cross-examine the child directly. They must submit questions to the Judge, who then asks the child, preventing intimidation.
Child-Friendly
The court must allow frequent breaks, permit family presence, and strictly forbid aggressive questioning or character assassination.
Identity Protection
Strict confidentiality regarding the child’s name, school, and family is mandated unless the Court specifically rules otherwise for the child’s benefit.
Summary
Section 33 is the heart of the procedural safeguards in the POCSO Act. It outlines how a Special Court must conduct itself to ensure the trial does not re-traumatize the child victim.
Traditionally, in criminal trials, defense lawyers aggressively cross-examine witnesses to find inconsistencies. Section 33 fundamentally changes this for child victims. It mandates that no direct contact occurs between the accused’s lawyer and the child. Instead, the Judge acts as a filter, ensuring only relevant and appropriate questions are asked.
Furthermore, this section empowers the court to cut through red tape. Usually, a Magistrate must first look at a case and then “commit” it to a Sessions Court. Under Section 33, the Special Court can take direct cognizance, speeding up the process. It also emphasizes the child’s mental well-being by allowing support persons in the courtroom, mandating breaks, and authorizing the court to award compensation for trauma.
Key Takeaways
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Direct Cognizance: The Special Court acts immediately on a police report or complaint without waiting for a Magistrate’s committal. -
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Judicial Filter: All questions from the defense must be routed through the Judge. The Judge puts the questions to the child. -
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Dignity & Decency: Aggressive questioning and character assassination of the child are strictly prohibited. -
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Support System: The child is entitled to have a trusted person (parent/friend) present during the deposition. -
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Compensation: The Court has the power to order compensation for the child’s rehabilitation and trauma.
Process Flowchart
Practice Questions
Q1. Under Section 33, who communicates the defense counsel’s questions to the child?
Show Answer
The Special Court (The Judge). The defense counsel cannot ask the child directly.
Q2. Does the Special Court require a case to be ‘committed’ to it by a Magistrate before taking cognizance?
Show Answer
No. Section 33(1) allows the Special Court to take direct cognizance upon receiving a complaint or police report.
Q3. What type of questioning is explicitly prohibited under Section 33(6)?
Show Answer
Aggressive questioning and character assassination of the child.
Related Provisions
Conclusion
Section 33 is a pivotal provision that transforms the courtroom from a place of potential intimidation into a protected space for the child. By removing the accused’s ability to directly confront the child and mandating a dignified, child-friendly atmosphere, the law ensures that the pursuit of justice does not come at the cost of the victim’s mental health. It balances the rights of the accused to a fair trial (via the Judge asking the questions) with the paramount interest of protecting the child.