Section 36 POCSO Act 2012: Child Not to See Accused While Testifying
Section 36 of the Protection of Children from Sexual Offences Act, 2012 protects a child witness from exposure to the accused while the child's evidence is being recorded. At the same time, it preserves the accused's ability to hear the child's statement and communicate with the advocate.
Text of Section 36 of the POCSO Act
36. Child not to see accused at the time of testifying.
(1) The Special Court shall ensure that the child is not exposed in any way to the accused at the time of recording of the evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate.
(2) For the purposes of sub-section (1), the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device.
Protection From Exposure to the Accused
Section 36(1) imposes a duty on the POCSO Special Court to arrange the recording of evidence so that the child is not exposed to the accused. The provision is intended to reduce fear, intimidation and trauma that may arise from direct visual exposure during testimony.
The safeguard is part of the wider child-friendly trial framework under the POCSO Act and should be read with Section 33, which protects the child from aggressive questioning, repeated testimony and loss of dignity during trial.
Rights of the Accused Are Preserved
Section 36 does not require the accused to be excluded from participation in the trial. The Special Court must simultaneously ensure that the accused can hear the child's statement and communicate with the advocate. The statutory arrangement therefore separates direct exposure of the child from the accused's ability to follow the evidence and instruct counsel.
Methods the Special Court May Use
| Method | Purpose under Section 36 |
|---|---|
| Video conferencing | Allows the child's evidence to be recorded without direct physical or visual exposure to the accused, while enabling the proceedings to remain accessible as directed by the court. |
| Single visibility mirror | Permits an arrangement in which direct visual contact between the child and accused can be prevented. |
| Curtain or screen | Creates a physical visual barrier during testimony. |
| Any other device | Gives the Special Court flexibility to adopt another suitable method that achieves the protection required by Section 36(1). |
Video Conferencing and Child-Friendly Evidence
Section 36(2) expressly recognizes video conferencing as a method for recording the child's statement. The particular technological and courtroom arrangement is subject to the Special Court's directions and the applicable court rules or practice governing video conferencing.
Important: The method chosen should satisfy both parts of Section 36(1): the child should not be exposed to the accused, and the accused should remain able to hear the child's statement and communicate with the advocate.
Relationship With Other POCSO Safeguards
Section 36 operates together with several other provisions. Section 35 provides timelines for recording the child's evidence and completing the trial. Section 37 requires POCSO trials to be conducted in camera and permits the presence of the child's parents or another trusted person. Section 38 provides for assistance of an interpreter, translator, special educator or expert in appropriate cases.
Child-Friendly Protection During Investigation
The POCSO Act also protects the child before trial. Section 24(3) requires the investigating police officer to ensure that the child does not come in contact with the accused while the child is being examined. Section 36 carries the same protective approach into the stage of recording evidence before the Special Court.
Current Procedural Position
The POCSO Act remains a special statute governing sexual offences against children and contains specific child-protective procedures for Special Court proceedings. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 as the general criminal procedure law, but the specific requirements of Section 36 POCSO continue to govern the protection of the child while testifying.
Key Points of Section 36 POCSO Act
- The child must not be exposed in any way to the accused while giving evidence.
- The accused must still be able to hear the child's statement.
- The accused must be able to communicate with the advocate.
- The Special Court may use video conferencing.
- The court may use single visibility mirrors, curtains or another suitable device.
- The provision forms part of the POCSO Act's child-friendly Special Court procedure.
- Section 36 should be read with Sections 33, 35, 37 and 38 for the broader safeguards applicable to a child's testimony.
Official Legal Resources
Authoritative statutory material can be checked on the India Code POCSO Act. Current court information and judgments are available through the Supreme Court of India and eCourts Services.
Updated: 3 October 2026.