POCSO Act Section 37 — Trials to be conducted in camera

Summary

The Special Court must conduct the trial in camera, meaning the proceedings are not open to the general public. The trial must also take place in the presence of the child's parents, or any other person in whom the child has trust or confidence.

However, if the Special Court believes that the child needs to be examined at a place other than the courtroom, it must issue a commission for that purpose, following the procedure laid out in section 284 of the Code of Criminal Procedure, 1973.

Official Text

The Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence:

Provided that where the Special Court is of the opinion that the child needs to be examined at a place other than the court, it shall proceed to issue a commission in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973 (2 of 1974).

Related Judgments

• 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)
• Atul Gorakhnath Ambale vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2022)
• ALAKH ALOK SRIVASTAVA vs UNION OF INDIA & ORS — Supreme Court of India (2018)