Child-Friendly Court Process

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Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a procedure that is designed to make sure that the child feels safe and comfortable.

If a child is the victim of sexual assault, the Special Court has to ensure some child-friendly procedures for him or her.

This Special Court will:

Ensure presence of familiar people through the legal process

• Allow the child’s family member/relative/friend or guardian to be present with him/her during the trial¹.

Ensure that the legal process is not strenuous for the Child

• Allow frequent breaks for the child during the trial².
• Not call the child to the Court repeatedly to testify³.
• In special circumstances, the child need not come to Court and make statements. The Court will ask an officer of the Court to examine the child at his/her home. The Court can take the help of a qualified translator or interpreter or special educator when recording the child’s evidence⁴.
• Try and ensure that the evidence is recorded within 30 days and the trial is completed within one year⁵.

Protect the Child from the Accused and the Public

• Ensure that the child is not exposed to the accused in any way during the Trial. However, the Court has to ensure that accused can hear the child’s statement. This can be achieved through one-sided mirrors, curtains or through a video call⁶.
• Have private court proceedings that the media cannot report about the happenings in the court⁷.

Questioning of a Child

The law has laid down certain duties of the lawyer of the accused. Due to the sensitivity of the issue and interest of protection of the child, the lawyer is required to conduct court process in a certain manner.

• The lawyer cannot question the child directly. The lawyer will present the questions to be asked to the child to the Special Court, which will then question the child⁸.
• The lawyer cannot question the character of the child by saying that the child has a history of lying to his or her parents⁹.

1. Section 33(4), The Protection of Children from Sexual Offences Act, 2012.[↩]
2. Section 33(3), The Protection of Children from Sexual Offences Act, 2012.[↩]
3. Section 33(5), The Protection of Children from Sexual Offences Act, 2012.[↩]
4. Section 19 and 38(1)(2), The Protection of Children from Sexual Offences Act, 2012.[↩]
5. Section 35, The Protection of Children from Sexual Offences Act, 2012.[↩]
6. Section 36, The Protection of Children from Sexual Offences Act, 2012.[↩]
7. Section 37, The Protection of Children from Sexual Offences Act, 2012.[↩]
8. Section 33(2), The Protection of Children from Sexual Offences Act, 2012.[↩]
9. Section 33(6), The Protection of Children from Sexual Offences Act, 2012.[↩]