POCSO Act Section 36 — Child not to see accused at the time of testifying

Summary

Sub-section (1) requires the Special Court to make sure that a child is not exposed to the accused in any way while the child's evidence is being recorded. At the same time, the court must ensure that the accused can still hear the child's statement and is able to communicate with their own lawyer.

Sub-section (2) explains how the court can achieve this. For the purpose of sub-section (1), the Special Court may record the child's statement through video conferencing, or by using single visibility mirrors, curtains, or any other device.

Official Text

(1) The Special Court shall ensure that the child is not exposed in anyway to the accused at the time of recording of the evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate.

(2) For the purposes of sub-section (1), the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device.

Related Judgments

• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• NIPUN SAXENA & ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• ALAKH ALOK SRIVASTAVA vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• THE STATE OF UTTAR PRADESH vs ANURUDH & ANR — Supreme Court of India (2026)
• P. YUVAPRAKASH vs STATE REP. BY INSPECTOR OF POLICE — Supreme Court of India (2023)