Section 35 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
35. Period for recording of evidence of child and disposal of case.
(1) The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court.
(2) The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
Visual Summary
Trigger Event
Timelines start when the Special Court takes Cognizance of the offence.
30 Days
Maximum time allowed to record the Evidence of the Child.
1 Year
Target time to Complete the Trial and dispose of the case.
Summary
Section 35 of the POCSO Act emphasizes the need for a speedy trial to minimize trauma to the child victim. Prolonged legal proceedings can be mentally exhausting and re-traumatizing for children. This section sets specific statutory deadlines for the court procedures.
Key Components:
- Recording Evidence: Once the Special Court officially takes notice of the case (cognizance), it must record the child’s statement and evidence within 30 days. This ensures the child’s memory is fresh and they do not have to carry the burden of the pending testimony for long.
- Trial Completion: The entire trial process, from start to judgment, should ideally be completed within one year.
- Accountability: If the court cannot meet the 30-day deadline for recording evidence, the judge must write down the specific reasons for the delay, ensuring accountability in the judicial process.
Key Takeaways
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Start Point: All timelines are calculated from the date the Special Court takes cognizance of the offence. -
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Evidence Deadline: The child’s testimony must be recorded within 30 days. -
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Mandatory Reasons: If there is a delay beyond 30 days, the Court is legally bound to record the reasons in writing. -
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Trial Goal: The Act mandates that the trial should be disposed of within 1 year “as far as possible.”
Process Flowchart
Practice Questions
Q1. Under Section 35, within what period must the evidence of the child be recorded?
Click to Reveal Answer
Answer: Within 30 days from the date the Special Court takes cognizance of the offence.
Q2. What is the stipulated time frame for the completion of the trial under Section 35(2)?
Click to Reveal Answer
Answer: One year from the date of taking cognizance of the offence.
Q3. If the evidence of the child is not recorded within 30 days, what is the mandatory requirement for the Special Court?
Click to Reveal Answer
Answer: The Special Court must record the reasons for the delay.
Related Provisions
- Section 33: Procedure and powers of Special Court (Governs how the trial is conducted).
- Section 36: Child not to see accused at the time of testifying (Protective measure during evidence recording).
- Section 28: Designation of Special Courts (Establishes the courts responsible for these timelines).
Conclusion
Section 35 acts as a crucial safeguard against the systemic delays often seen in the Indian legal system. By mandating a 30-day window for recording evidence and a 1-year target for trial completion, the POCSO Act prioritizes the mental well-being of the child. It recognizes that justice delayed is not only justice denied but can also prolong the trauma for a young victim.