Section 36 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Child Not to See Accused at the Time of Testifying
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive law enacted to safeguard children from sexual abuse and exploitation. Recognizing the sensitivity of child victims, the Act ensures that the legal process does not cause further trauma. Section 36 of the Act specifically focuses on creating a safe and supportive environment for a child while giving testimony in court.
Objective of Section 36
The main objective of Section 36 is to protect the emotional and psychological well-being of a child victim during court proceedings. It ensures that the child does not have to face the accused directly while testifying, thereby preventing intimidation, fear, or distress that may affect the child’s ability to speak freely and truthfully.
Provision under Section 36
Section 36 mandates that the Special Court shall ensure that the child is not exposed to the accused at the time of recording evidence. To achieve this, the court must make appropriate arrangements, such as placing a screen between the child and the accused or recording the testimony through video conferencing. This protective measure helps the child to testify comfortably without the fear of confrontation.
Importance and Impact
This provision acknowledges the vulnerability of child victims and prioritizes their mental health over procedural formalities. By shielding the child from the direct presence of the accused, Section 36 minimizes re-traumatization and encourages honest testimony. It reflects the child-centric approach of the POCSO Act, ensuring that justice is delivered with compassion and sensitivity.
Conclusion
Section 36 of the POCSO Act plays a crucial role in protecting the dignity and emotional safety of child victims during judicial proceedings. It upholds the principle that justice for children must be pursued in an environment free from fear, pressure, or trauma.