POCSO Act Section 33 — Procedure and powers of Special Court

Summary

Sub-section (1) allows the Special Court to take up a case directly, without the accused being formally sent to it for trial, as soon as it receives a complaint or a police report describing the facts that make up the offence.

Sub-section (2) requires that when the child is being examined in court, whether in chief, cross-examination, or re-examination, the questions meant for the child are first given to the Special Court, and the court itself puts those questions to the child.

Sub-section (3) lets the Special Court allow the child to take frequent breaks during the trial if the court thinks it is necessary.

Sub-section (4) requires the Special Court to create a child-friendly atmosphere by allowing a family member, guardian, friend, or relative whom the child trusts to be present in the courtroom.

Sub-section (5) requires the Special Court to make sure the child is not called to testify in court repeatedly.

Sub-section (6) prohibits the Special Court from allowing aggressive questioning or character assassination of the child, and requires it to ensure the child's dignity is maintained throughout the trial.

Sub-section (7) requires the Special Court to ensure the child's identity is not disclosed at any time during the investigation or trial. However, the court may allow such disclosure if it records reasons in writing and believes the disclosure is in the child's interest. The explanation clarifies that the child's identity includes the identity of the child's family, school, relatives, neighbourhood, or any other information that could reveal who the child is.

Sub-section (8) allows the Special Court, in appropriate cases, to order payment of compensation to the child, in addition to any punishment, for physical or mental trauma caused, or for the child's immediate rehabilitation.

Sub-section (9) states that, subject to the provisions of this Act, the Special Court has all the powers of a Court of Session for trying any offence under this Act, and it must try the offence as if it were a Court of Session, following the procedure in the Code of Criminal Procedure, 1973, as far as possible.

Official Text

(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.

Referred to by

• POCSO Act §45 — Power to make rules

Related Judgments

• GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI vs STATE OF KARNATAKA & ORS — Supreme Court of India (2022)
• INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)
• ALAKH ALOK SRIVASTAVA vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• Nagpal, Ms. Isha Khurana, Mr.; Ashish Panday, Ekansh Gupta; Mr.; Ankur vs THE STATE (NCT OF DELHI) — Delhi High Court (2025)
• NIPUN SAXENA & ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)