Code: Section 35
(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.
Explanation of Section 35 POCSO
Section 35 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, lays down strict timelines for judicial proceedings involving child victims. The purpose is to minimize trauma, ensure speedy justice, and protect the mental and emotional health of the child.
The section mandates:
- The child’s evidence must be recorded within 30 days of the Special Court taking cognizance of the case. If the deadline is missed, the Court must record valid reasons for the delay.
- The trial must be completed, as far as possible, within one year from the date the Special Court takes cognizance of the offence.
These provisions emphasize child-sensitive adjudication and help in expediting justice under the POCSO framework.
Key Provisions
- Mandatory Timeline for Evidence: The Special Court must record the child’s evidence within 30 days of taking cognizance of the case.
- Trial Completion Goal: The entire trial should be concluded within one year, “as far as possible.”
- Delay Justification: Any delay in recording the child’s evidence must be explained by the Court in writing.
- Focus on Speedy Justice: The section reinforces the principle of timely justice for victims of sexual offences.
Illustrations
Illustration 1: Timely Recording of Evidence
A 12-year-old girl is a victim under the POCSO Act. The Special Court takes cognizance on 1st April. Her testimony is recorded by 25th April, complying with Section 35(1).
Illustration 2: Delay in Recording Evidence
In a similar case, the child’s evidence is recorded after 40 days due to the child’s medical condition. The Court records its reasons in writing, citing medical reports and availability of child support professionals.
Illustration 3: Trial Completed Within a Year
The Special Court starts trial proceedings in June 2023 and concludes the matter by May 2024, meeting the one-year target set under Section 35(2).
Common Questions & Answers on Section 35 POCSO
1. What is the purpose of the 30-day limit for recording evidence?
It ensures the child’s memory is fresh and minimizes prolonged trauma caused by repeated court appearances.
2. What happens if the Court cannot record the child’s statement in 30 days?
The Court must record valid and sufficient reasons for the delay in writing. The trial can continue as long as procedural compliance is observed.
3. Is the one-year deadline for completing trial mandatory?
It is a guiding principle – the phrase “as far as possible” allows for some flexibility depending on case complexity or unforeseen delays.
4. Can a delayed trial affect the validity of the proceedings?
No. As long as reasons are documented for delays and due process is followed, the proceedings remain valid.
5. Does Section 35 apply to all cases under POCSO?
Yes. This timeline applies universally to all trials conducted by Special Courts under the POCSO Act.
Conclusion
Section 35 of the POCSO Act reinforces the importance of speedy and child-sensitive justice in cases involving sexual offences against minors. It aims to reduce trauma, ensure timely recording of crucial evidence, and complete the trial process efficiently. These procedural safeguards uphold the best interests of the child and strengthen the credibility of the justice system.
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