Procedures for Child-Friendly Trial

5.1 Statement Recording — Section 24–26

Section 24: Police officer recording child's statement must not be in uniform; must not put the child through intense questioning; must be accompanied by a woman constable.

Section 25: Police cannot detain a child in a police station overnight.

Section 26: Child's statement is recorded by a Magistrate at:

• Child's home or place of choice (not police station/court)
• As far as possible by a woman Magistrate
• If child is disabled, the Magistrate shall take assistance of a special educator or qualified interpreter

Statement as Evidence: The child's statement before the Magistrate under Section 26 is admissible as evidence — reducing need for traumatic court testimony.

5.2 Special Courts — Sections 28–37

Section 28: State Governments shall, by notification, designate one or more courts in each district as Special Courts for trial of POCSO offences. Special Courts can also try other related offences tried together with POCSO offences.

Section 33 — Special Prosecutor: The State Government shall appoint a Special Public Prosecutor for each Special Court.

Section 35 — Speedy Trial: The Special Court shall conduct the trial as expeditiously as possible — evidence to be completed within 30 days of taking cognisance; judgment within one year from taking cognisance.

Section 36: Special Court shall ensure the child accused is not visible to the child victim — use of partition screens or video conferencing.

Section 37: Trial by Special Court shall be conducted in camera — in the absence of public.

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