Code: Section 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.
Explanation of Section 33 POCSO
Section 33 of the POCSO Act outlines the comprehensive procedures and special powers granted to the Special Courts for ensuring a child-friendly trial environment. It is aimed at protecting the rights, dignity, and psychological well-being of the child victim during the trial process.
Key points of this section include:
- The Special Court can take direct cognizance of a case without the need for committal proceedings.
- All questions to the child during testimony must be routed through the judge to ensure protection from hostile or aggressive interrogation.
- The court must take steps to ensure the child’s comfort, including allowing a trusted adult to be present and permitting breaks.
- The identity of the child must be protected, with disclosure permitted only in rare cases for the child’s own interest.
- Compensation may be awarded in addition to punishment for rehabilitation or trauma support.
- The Special Court functions with all powers of a Sessions Court and follows the procedure under the Code of Criminal Procedure, 1973.
This provision reinforces the child-centric approach of the POCSO Act and is pivotal in ensuring a just and sensitive legal process.
Key Provisions
- Cognizance without Committal: The Special Court may directly take cognizance of a case based on a complaint or police report.
- Child Testimony Protection: All questions to the child are to be routed through the judge.
- Child-Friendly Courtroom: Courts may allow trusted individuals to be present and permit breaks during testimony.
- Identity Protection: The child’s identity must remain confidential throughout the proceedings.
- Prohibition on Aggressive Questioning: The court must prevent any form of character assassination or hostility toward the child.
- Compensation for Trauma: The court may award compensation for physical or mental trauma or rehabilitation.
- Sessions Court Powers: The Special Court has all powers of a Sessions Court and follows CrPC procedures accordingly.
Illustrations
Illustration 1: Direct Cognizance by Special Court
A police report alleging sexual abuse of a child is filed. The Special Court takes cognizance of the offence directly without requiring the case to go through a committal process in a Magistrate’s court.
Illustration 2: Maintaining a Safe Environment for the Child
During trial, the Special Court allows the child’s elder sister to be present in court. It also permits breaks every 20 minutes to ensure the child is emotionally comfortable.
Illustration 3: Protection of Identity
A news report attempts to mention the school of a child involved in a POCSO case. The Special Court intervenes and issues an order restraining such disclosure as it can indirectly reveal the child’s identity.
Common Questions & Answers on Section 33 POCSO
1. Can a Special Court take cognizance of a POCSO offence directly?
Yes. Under Section 33(1), the court can take cognizance based on a complaint or police report without the need for the case to be committed to it.
2. How are child witnesses questioned during trial?
All questions must be submitted to the judge, who then puts them to the child in a sensitive manner.
3. Is the child’s identity protected during trial?
Yes. Section 33(7) mandates that the identity of the child must not be disclosed, including indirect details like family or school.
4. Can the child be called to court multiple times for testimony?
The Special Court must ensure that the child is not called repeatedly to testify.
5. Can compensation be awarded by the Special Court?
Yes. The court can direct payment of compensation for trauma or rehabilitation in appropriate cases, in addition to the punishment.
Conclusion
Section 33 of the POCSO Act is a cornerstone provision that empowers Special Courts to conduct trials in a child-sensitive manner. It ensures procedural flexibility, emotional safety, and privacy for the child victim while aligning legal proceedings with principles of justice and care. Through this section, the Act ensures that victims are protected not only from the offender but also from the trauma of the trial itself.
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