1. Trial under the POCSO Act

1.1 Special Courts and Speedy Trial

• Section 28 of the POCSO Act mandates the designation of Special Courts in every district for the trial of offences under the Act.
• If a Children’s Court under the Commission for Protection of Child Rights Act, 2005 is notified, it shall act as the Special Court.
• Section 35(2) mandates the completion of the trial within one year from the date of cognizance.
• Trials under POCSO should be conducted in camera (private hearings) to ensure the victim’s identity is protected (Section 37).

1.2 Child-Friendly Procedures in Court

• The child’s statement should be recorded in a child-friendly atmosphere (Section 33).
• No aggressive questioning of the child is permitted during the trial (Section 33(6)).
• The child should not be exposed to the accused at any stage of the trial (Section 36).
• Courts must ensure the child is not called repeatedly to testify (Section 33(5)).

1.3 Role of Public Prosecutors and Legal Aid

• Section 32 mandates the appointment of Special Public Prosecutors who handle POCSO cases exclusively.
• Section 40 ensures the right of the child to seek legal assistance through a lawyer.

2. Compensation under the POCSO Act

2.1 Provisions for Compensation

• Section 33(8) of the Act empowers the Special Court to award compensation to the victim for their rehabilitation, medical care, and psychological support.
• Compensation can be interim (before trial completion) or final (after conviction or acquittal).

2.2 Factors for Determining Compensation

The POCSO Rules, 2020 list factors that courts must consider while awarding compensation:

1. Nature of the offence (penetrative sexual assault, harassment, etc.).
2. Severity of injury (physical and psychological).
3. Expenses for medical treatment, rehabilitation, and psychological counseling.
4. Loss of education or employment opportunities due to trauma.
5. Pregnancy due to offence or transmission of sexually transmitted diseases (STDs) or HIV.
6. Financial background of the child.

2.3 Payment of Compensation

• The compensation is paid from the Victim Compensation Fund under Section 357A of CrPC.
• The State Government is responsible for disbursing the compensation within 30 days of the Special Court’s order.

3. Disposal of POCSO Cases

3.1 Mandatory Reporting of Cases

• Section 19 mandates that any person (including the child) aware of an offence must report it to the police or the Special Juvenile Police Unit (SJPU).
• Failure to report an offence is punishable under Section 21.

3.2 Recording of Statements

• Section 24 mandates that the child’s statement be recorded at their residence or a safe place by a female police officer.
• Section 25 requires the Magistrate to record the statement as spoken by the child.
• Use of video-recording and translators is encouraged to ensure child comfort (Section 26).

3.3 Medical Examination

• Section 27 states that the child must undergo a medical examination even before an FIR is registered.
• Examination of female victims must be conducted by a female doctor.
• The doctor must ensure minimum trauma and conduct the examination in the presence of a trusted person.

3.4 Disposal Timeline of POCSO Cases

• Section 35 mandates that the evidence should be recorded within 30 days from the date the Special Court takes cognizance.
• The entire trial must be completed within one year to prevent undue delays.

4. Role of Stakeholders in POCSO Cases

4.1 Role of Police and Special Juvenile Police Unit (SJPU)

• Immediate registration of FIR upon receipt of a complaint (Section 19).
• Ensuring child’s protection during the investigation (Rule 4, POCSO Rules).
• Providing information to Child Welfare Committee (CWC) within 24 hours if the child needs care and protection (Section 19(6)).

4.2 Role of Child Welfare Committee (CWC)

• CWC decides if the child should be placed in a shelter home for protection.
• Assigns a Support Person to assist the child during the trial (Rule 4(7), POCSO Rules).

4.3 Role of Medical Institutions

• Immediate medical care must be provided even without police requisition.
• No two-finger test is allowed (as per Supreme Court directives).
• Hospitals must preserve forensic evidence and send it to the forensic lab immediately.

4.4 Role of Media

• Identity disclosure of the child is prohibited (Section 23).
• Violation attracts 6 months to 1 year imprisonment and fine.

5. Key Case Laws on Trial and Compensation under POCSO

1. State of Karnataka v. Shivanna (2014) 8 SCC 913

   • Supreme Court directed that the victim’s statement under Section 164 CrPC should be recorded within 24 hours.

2. Shankar Kisanrao Khade v. State of Maharashtra (2013) 6 SCR 949

   • The Court emphasized timely medical and psychological support to child victims.

3. Nipun Saxena v. Union of India (2019) 2 SCC 703

   • The Supreme Court banned the disclosure of the identity of child victims in media.

4. Bijoy @ Guddu Das v. State of West Bengal (CRA 663 of 2016)

   • Any police officer disclosing victim’s identity will be prosecuted.

6. Challenges and Recommendations in POCSO Trials

6.1 Challenges

• Delay in disposal of cases due to overburdened courts.
• Hostile witnesses due to pressure from family or society.
• Lack of adequate compensation in many cases.
• Low conviction rates due to poor evidence collection.

6.2 Recommendations

• Fast-track Special POCSO Courts to reduce trial delays.
• Better compensation disbursal mechanisms with timely payments.
• Stronger witness protection programs to prevent victims from turning hostile.
• Mandatory psychological counseling for child victims.

Conclusion

The POCSO Act, 2012 ensures child-friendly trials, compensation for victims, and speedy disposal of cases. However, proper implementation and timely judicial interventions are essential for delivering true justice to child victims.