POCSO Court

POK-soh KORT

A designated special court established under Section 28 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 for the speedy trial of offences under the Act — with child-friendly procedures including in-camera proceedings, prohibition of aggressive cross-examination, and the use of special educators and interpreters.

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Definition

POCSO Special Court Special Court for Child Sexual Offences Section 28 POCSO Court

A designated special court established under Section 28 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 for the speedy trial of offences under the Act — with child-friendly procedures including in-camera proceedings, prohibition of aggressive cross-examination, and the use of special educators and interpreters.

POCSO Courts are designated Sessions Courts with exclusive jurisdiction to try offences under the POCSO Act. Key provisions: (a) In-camera proceedings — the trial is conducted without public present, to protect the child victim's privacy; (b) Child-friendly court environment — Section 36 POCSO: the child should not be made to see the accused during testimony (screens, one-way mirrors); (c) No repetitive questioning — Section 33: the child may not be asked the same question repeatedly; (d) Interpreter/special educator — for differently-abled children; (e) Section 33(5): no aggressive cross-examination; (f) Section 35: trial to be completed within one year from the date of taking cognizance. POCSO courts have expanded into Fast Track Special Courts funded by the Central Government.

Statutory Definition

Section 28(1), Protection of Children from Sexual Offences Act, 2012: 'The State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under this Act: Provided that if a Court of Session is notified as a Special Court under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for similar purpose then, that Court of Session shall be deemed to be Special Court under this section.' Section 35: 'The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking the cognizance of the offence.'

Etymology & Origin

POCSO is an acronym for 'Protection of Children from Sexual Offences' Act. The 'POCSO Court' is the informal but universal name for the Special Court designated to try POCSO offences.

Full Legal Analysis

This Term in Indian Statutes

POCSO Act 35
strict

Protection of Children from Sexual Offences Act, 2012, 2012

"The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking the cognizance of the offence."

POCSO trial: mandatory completion within 1 year — child-friendly procedures including in-camera, no aggressive cross-examination, screen/one-way mirror

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