Section 37 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Trials to be Conducted in Camera
The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to ensure a child-friendly approach in handling cases of sexual offences against children. One of its crucial provisions, Section 37, mandates that the trial of such offences be conducted in a manner that safeguards the privacy, dignity, and emotional well-being of the child victim.
Meaning of ‘Trial in Camera’
A trial “in camera” means that the court proceedings are held privately, excluding the general public and media, allowing only the essential persons such as the judge, lawyers, the child, parents or guardians, and necessary witnesses to be present. This is done to protect the child from public exposure and trauma during judicial proceedings.
Key Provisions under Section 37
According to Section 37 of the POCSO Act:
- The Special Court shall conduct the trial in camera and ensure that the child is comfortable while testifying.
- The presence of the child’s parents or a trusted person is allowed during such proceedings to provide emotional support.
- The court may also take steps to avoid confrontation between the child and the accused, preserving the child’s sense of safety.
- The media is prohibited from disclosing the identity of the child or details that may lead to identification, in accordance with Section 23 of the Act.
Objective and Significance
The main objective of Section 37 is to prevent secondary victimization of the child. It ensures that the legal process does not add further trauma and that justice is delivered with compassion, privacy, and sensitivity.
Conclusion
Section 37 reinforces the child-centric nature of the POCSO Act. By mandating in-camera trials, the law upholds the child’s right to dignity and protection throughout the judicial process.