Section 39 POCSO Act 2012: Guidelines for Expert Assistance to Child
Section 39 of the Protection of Children from Sexual Offences Act, 2012 requires State Governments, subject to the applicable rules, to prepare guidelines for involving non-governmental organisations, professionals and experts with relevant knowledge to assist a child during the pre-trial and trial stages.
Text of Section 39 of the POCSO Act
39. Guidelines for child to take assistance of experts, etc.
Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child.
What Section 39 Requires
The words "shall prepare guidelines" place responsibility on the State Government to create an organized framework for using appropriate professionals, experts and organisations to assist children who participate in proceedings under the POCSO Act. The provision expressly covers both the pre-trial stage and the trial stage.
Section 39 is subject to the rules made under the POCSO Act. The Protection of Children from Sexual Offences Rules, 2020 form part of the current statutory framework and should therefore be read with Section 39.
Who May Be Associated to Assist the Child?
| Category | Role contemplated by Section 39 |
|---|---|
| Non-governmental organisations | Organisations with suitable child-protection or related expertise may be included within State guidelines for assistance at pre-trial and trial stages. |
| Professionals and experts | Qualified persons may be associated where their professional knowledge can assist the child through the criminal justice process. |
| Psychology professionals | May provide expertise relevant to the child's psychological needs and communication. |
| Social work professionals | May assist with social support, welfare needs and coordination relevant to the child. |
| Physical health professionals | May contribute where the child's physical health needs require professional assistance. |
| Mental health professionals | May provide appropriate mental health expertise and support. |
| Child development professionals | May assist by applying knowledge of children's developmental needs and capacities. |
Pre-Trial and Trial Stage Assistance
The scope of Section 39 is deliberately wider than assistance only inside the courtroom. It permits State guidelines to provide for suitable professional support from the pre-trial stage through the trial stage. This recognizes that a child may need coordinated assistance while interacting with police, medical professionals, prosecutors, courts and other authorities involved in the case.
Model Guidelines Under Section 39
The Ministry of Women and Child Development issued Model Guidelines under Section 39 in September 2013 for the use of professionals and experts under the POCSO Act. These guidelines are an important official reference for States and professionals dealing with child victims and witnesses.
The Model Guidelines emphasize reducing harm and secondary victimization, facilitating complete and reliable evidence, maintaining fair-trial safeguards and making the criminal justice process more responsive to children.
POCSO Rules 2020 and Support to the Child
The Protection of Children from Sexual Offences Rules, 2020 strengthen the child-support framework under the Act. Among other matters, the Rules recognize the role of a "support person" assigned to render assistance to the child through the process of investigation and trial, or any other person assisting the child in the pre-trial or trial process in accordance with the Rules.
The Rules also address services and support that may be required for the child, including counselling, medical care, legal assistance, education and other appropriate support depending on the circumstances of the case.
Legal distinction: Section 39 deals with State Government guidelines for associating NGOs, professionals and experts to assist the child. Section 38, by contrast, specifically empowers the court to use a translator, interpreter, special educator, a person familiar with the child's manner of communication or an expert while recording the child's evidence.
Relationship With Other POCSO Provisions
Section 39 forms part of the wider child-friendly framework of the POCSO Act. Section 33 governs child-friendly procedure and powers of the Special Court. Section 36 protects the child from exposure to the accused while testifying. Section 37 requires in-camera trials. Section 38 concerns interpreter and expert assistance while evidence is recorded, and Section 40 concerns assistance of a legal practitioner.
Key Points of Section 39 POCSO Act
- Section 39 is contained in Chapter IX, "Miscellaneous," of the POCSO Act.
- State Governments are required to prepare guidelines, subject to the applicable rules.
- The guidelines may involve NGOs, professionals, experts and other persons with specified relevant knowledge.
- The expressly identified fields include psychology, social work, physical health, mental health and child development.
- Assistance is contemplated at both pre-trial and trial stages.
- The POCSO Rules, 2020 are part of the current framework for child support and assistance.
- The Ministry of Women and Child Development has published Model Guidelines under Section 39.
Official Legal Resources
For authoritative material, see the POCSO Act on India Code, the Model Guidelines under Section 39, and the Ministry of Women and Child Development legislation page for the POCSO Act, amendments and POCSO Rules, 2020.
Updated: 3 October 2026.