Section 38 POCSO Act 2012: Interpreter, Translator and Expert Assistance
Section 38 of the Protection of Children from Sexual Offences Act, 2012 enables the Special Court to obtain communication assistance while recording a child's evidence. It covers translators and interpreters generally and, where a child has a mental or physical disability, special educators, persons familiar with the child's manner of communication and relevant experts.
Text of Section 38 of the POCSO Act
38. Assistance of an interpreter or expert while recording evidence of child.
(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.
Purpose of Section 38
The provision is intended to make the child's evidence accessible to the court without requiring the child to communicate in a manner that the child cannot comfortably or effectively use. It allows qualified assistance where language, communication needs or disability make such assistance necessary.
Who May Assist the Child?
| Person providing assistance | When relevant |
|---|---|
| Translator | Where translation is necessary for the child's evidence to be understood by the court. |
| Interpreter | Where interpretation is necessary to facilitate communication with the child. |
| Special educator | Where a child with a mental or physical disability requires specialized communication assistance. |
| Person familiar with the child's manner of communication | Where familiarity with the child's individual method of communication can facilitate accurate recording of evidence. |
| Expert in the relevant field | Where specialized expertise is required because of the child's mental or physical disability. |
Qualifications and Safeguards Under the POCSO Rules
The Protection of Children from Sexual Offences Rules, 2020 supplement the Act by regulating interpreters, translators, special educators, experts and persons familiar with a child's manner of communication. The Rules provide for appropriate qualifications or relevant experience and also address payment for their services.
As part of the safeguards, the person assisting communication is expected to be unbiased and impartial and to disclose any real or perceived conflict of interest. In proceedings under Section 38, the Special Court must also consider whether the child adequately speaks the language of the court and whether engagement of the person assisting the child involves a conflict of interest.
Meaning of Special Educator and Expert
For POCSO proceedings, a special educator is a person trained in communication with children with special needs in a manner appropriate to the child's abilities and needs. An expert is a person trained in the relevant discipline who can facilitate communication with a child whose disability or communication needs require specialized assistance. The applicable POCSO Rules should be consulted for the prescribed qualifications and procedural requirements.
Practical effect: Section 38 is not limited to spoken-language translation. It recognizes that a child may need a special educator, a person familiar with the child's own manner of communication or an expert so that the child's evidence can be communicated and recorded effectively.
Section 38 and Other Stages of a POCSO Case
The POCSO Act recognizes communication assistance at more than one stage. Section 19 permits assistance during reporting where required, while Section 26 contains additional safeguards for recording a child's statement. Section 38 specifically concerns assistance while the child's evidence is being recorded by the court.
Relationship With Child-Friendly Trial Provisions
Section 38 works with Section 33, which regulates child-friendly Special Court procedure; Section 35, which provides timelines for recording the child's evidence; Section 36, which protects the child from exposure to the accused while testifying; and Section 37, which requires trials to be conducted in camera.
Key Points of Section 38 POCSO Act
- The court may use a translator or interpreter wherever necessary while recording the child's evidence.
- A child with a mental or physical disability may receive assistance from a special educator.
- A person familiar with the child's manner of communication may assist where appropriate.
- An expert in the relevant field may also be engaged.
- Qualifications, experience and fees are governed by the prescribed rules.
- The POCSO Rules contain safeguards concerning qualifications, impartiality and conflicts of interest.
- The provision helps ensure that communication needs do not prevent a child from effectively participating in the judicial process.
Official Legal Resources
Authoritative statutory material and subordinate legislation can be checked on India Code and the Ministry of Women and Child Development legislation page, which provides official access to the POCSO Act and the Protection of Children from Sexual Offences Rules, 2020. Court information and judgments are available from the Supreme Court of India and eCourts Services.
Updated: 3 October 2026.