Section 38 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original 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.
Visual Summary
Language Barrier
If the child speaks a different language or dialect, the Court can appoint a qualified Translator or Interpreter.
Disability Support
For mental or physical disabilities, the Court appoints a Special Educator or communication expert.
Regulated Process
The qualifications and fees for these experts are prescribed by rules, ensuring professional standards.
Summary
Section 38 of the POCSO Act ensures that a child’s testimony is accurately understood and recorded by the Special Court, regardless of language barriers or disabilities. The law recognizes that children may not always be able to communicate in the standard language of the court, or may have specific needs due to physical or mental challenges.
This section empowers the Special Court to hire professional help. If there is a language gap, a translator or interpreter is brought in. If the child has a disability, a special educator or an expert familiar with the child’s specific method of communication is engaged. This ensures the child’s voice is heard clearly and justice is not hindered by communication difficulties.
Key Takeaways
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Mandate for Clarity: The primary goal is to record evidence accurately, ensuring the child is understood. -
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Language Assistance: Interpreters or translators can be appointed whenever necessary. -
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Disability Support: Specific provisions exist for children with mental or physical disabilities, utilizing special educators. -
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Professional Standards: The experts engaged must meet prescribed qualifications and are paid prescribed fees.
Process Flowchart
Practice Questions
1. Under Section 38, who can the Special Court appoint if a child has a mental or physical disability?
2. Are the qualifications and fees for translators and experts arbitrary?
3. At what stage is the assistance of an interpreter primarily sought under Section 38?
Related Provisions
Conclusion
Section 38 acts as a crucial enabler of justice within the POCSO Act framework. By mandating the availability of interpreters, translators, and special educators, the law acknowledges that the pursuit of truth cannot be hampered by communication barriers. It ensures that the most vulnerable victims—those who speak different languages or live with disabilities—are afforded the same opportunity to be heard and understood as any other child.