POCSO Act Section 35 — Period for recording of evidence of child and disposal of case

Summary

Sub-section (1) states that the evidence of the child must be recorded within thirty days from the date the Special Court takes cognizance of the offence. If there is any delay in recording the evidence, the Special Court must record the reasons for that delay.

Sub-section (2) states that the Special Court shall complete the trial, as far as possible, within one year from the date of taking cognizance of the offence.

Official Text

(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.

Related Judgments

• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• NISAR AHMED MOHIUDDIN SHAIKH vs THE STATE OF MAHARASHTRA AND ANR — Bombay High Court (Mumbai Principal Seat) (2024)
• BAIL APPLICATION NO. 1138 OF 2023; KAPIL @ JALINDHAR MANOHAR; NAIKODI vs THE STATE OF MAHARASHTRA AND ANR — Bombay High Court (Mumbai Principal Seat) (2023)
• ALAKH ALOK SRIVASTAVA vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• NIPUN SAXENA & ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2018)