Section 39 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original 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.
Visual Summary
Authority
The State Government is responsible for preparing the guidelines.
Experts Involved
NGOs, Psychologists, Social Workers, and Health Professionals.
Timeline
Assistance provided during both Pre-trial and Trial stages.
Summary
Legal proceedings can be overwhelming and traumatic for a child. Section 39 of the POCSO Act recognizes that a child needs more than just a lawyer and a judge; they need emotional, psychological, and social support.
This section mandates the State Government to create specific rules and guidelines to involve support systems. These systems include Non-Governmental Organizations (NGOs) and experts in fields like:
- Psychology
- Social Work
- Physical Health
- Mental Health
- Child Development
The goal is to ensure these experts are available to assist the child right from the beginning (pre-trial) and throughout the court process (trial), ensuring the child’s well-being is prioritized.
Key Takeaways
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Mandatory Guidelines: The State Government is legally obligated to draft guidelines for expert assistance. -
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Multi-disciplinary Approach: The Act integrates medical, psychological, and social experts into the legal framework. -
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Continuous Support: Assistance is not limited to the courtroom; it extends to the pre-trial investigation stage as well. -
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Role of NGOs: Recognizes the vital role non-governmental organizations play in child welfare and support.
Process Flowchart
Practice Questions
1. Who is responsible for preparing guidelines under Section 39 of the POCSO Act?
Show Answer
Answer: The State Government. The section explicitly mandates the State Government to prepare guidelines for the use of experts.
2. At which stage is the assistance of experts provided to the child?
Show Answer
Answer: Pre-trial and Trial stages. The experts are associated with the child throughout the legal process.
3. Which of the following professionals are mentioned in Section 39?
Show Answer
Answer: All of the above. The section lists professionals having knowledge of psychology, social work, physical health, mental health, and child development.
Related Provisions
Conclusion
Section 39 is a cornerstone of the “child-friendly” approach mandated by the POCSO Act. By legally obligating the State to provide expert assistance outside the traditional legal sphere (lawyers and judges), it acknowledges that justice for a child involves healing and mental well-being. It ensures that the child is guided through the complex legal system by professionals who understand child psychology and development, thereby minimizing secondary victimization.