POCSO Act Section 38 — Assistance of an interpreter or expert while recording evidence of child

Summary

Sub-section (1) states that whenever it is necessary, the Court may take the help of a translator or interpreter while recording the evidence of the child. The translator or interpreter must have the qualifications and experience that are prescribed, and the Court must pay them fees as prescribed.

Sub-section (2) states that if the child has a mental or physical disability, the Special Court may take the help of a special educator, or any person familiar with the manner of communication of the child, or an expert in that field, to record the child's evidence. This person must also have the qualifications and experience that are prescribed, and the Special Court must pay them fees as prescribed.

Official Text

(1) wherever necessary, the Court may take the assistance of a translator or interpreter having such qualifications, experience and on payment of such fees as may be prescribed, while recording the evidence of the child.

(2) If a child has a mental or physical disability, the Special Court may take the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed to record the evidence of the child.

Referred to by

• POCSO Act §45 — Power to make rules

Related Judgments

• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• Sanjeevi Seshadri and Mr.; Pranav Jain, Ms. Manvi; Priya; and; Ms.; Vr vs STATE — Delhi High Court (2018)
• DHIRAJLAL ALIAS DHIRUBHAI BABARIA AND ANR. … PLAINTIFFS vs NAVINBHAI C. DAVE & ANR — Bombay High Court (Mumbai Principal Seat) (2017)