Section 37 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original 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).
Visual Summary
In Camera Trial
Proceedings are closed to the public and media to protect the child’s privacy and dignity.
Trusted Presence
Parents or a person the child trusts MUST be present during the trial to provide emotional support.
Remote Examination
If the child cannot come to court, a commission is issued to record evidence elsewhere (per Sec 284 CrPC).
Summary
Section 37 of the POCSO Act is designed to create a safe and non-intimidating environment for the child victim during legal proceedings. It mandates two crucial elements:
- Privacy: The trial must be conducted “in camera.” This is a legal term meaning the trial is held in private, usually in the judge’s chamber or a closed courtroom, excluding the public and the press.
- Support: The child should not be alone. Their parents or any person they trust must be allowed to stay with them during the proceedings.
Furthermore, the law recognizes that sometimes a child may be too traumatized or physically unable to attend the court. In such cases, the Proviso allows the court to issue a “commission.” This means the court can appoint an officer to go to the child (at home or a hospital) to record their evidence, following the rules of Section 284 of the Code of Criminal Procedure (CrPC).
Key Takeaways
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Mandatory Privacy
All trials under the POCSO Act must be conducted ‘in camera’ to protect the identity and dignity of the child. -
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Emotional Security
The presence of a parent or trusted person is a statutory right of the child during the trial. -
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Flexibility of Location
If the child cannot attend court, evidence can be recorded elsewhere via a commission (referencing Section 284 CrPC).
Process Flowchart
Practice Questions
Q1. Under Section 37 of the POCSO Act, trials must be conducted:
- A. In an open court
- B. In camera
- C. Via video conference only
- D. In the presence of media
Show Answer
Correct Answer: B. In camera. The section explicitly states that the Special Court shall try cases in camera to protect the child’s privacy.
Q2. Who is permitted to be present with the child during the trial under Section 37?
- A. Only the lawyer
- B. Only the police officer
- C. Parents or any person the child trusts
- D. No one
Show Answer
Correct Answer: C. Parents or any person the child trusts. The Act ensures the child has a support system present.
Q3. If a child cannot attend court, which provision of the CrPC is invoked to issue a commission?
- A. Section 164
- B. Section 284
- C. Section 313
- D. Section 154
Show Answer
Correct Answer: B. Section 284. The proviso to Section 37 specifically mentions Section 284 of the Code of Criminal Procedure, 1973.
Related Provisions
Conclusion
Section 37 is a cornerstone of the child-friendly jurisprudence introduced by the POCSO Act. By mandating in camera trials, it shields the child from public scrutiny and the stigma often associated with sexual offences. Furthermore, by ensuring the presence of parents and allowing for remote examination via commission, the law prioritizes the mental well-being and comfort of the child over rigid procedural norms, ensuring that the pursuit of justice does not result in secondary victimization.