Procedure and powers of Special Court
Section 33 of the Protection of Children from Sexual Offences Act, 2012 deals with procedure and powers of Special Court. A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts. The Act came into force on 14 Nov 2012.
(1) A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the accused shall, while recording the examination-in-chief, cross-examination or re-examination of the child, communicate the questions to be put to the child to the Special Court which shall in turn put those questions to the child.
(3) The Special Court may, if it considers necessary, permit frequent breaks for the child during the trial.
(4) The Special Court shall create a child-friendly atmosphere by allowing a family member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court.
(5) The Special Court shall ensure that the child is not called repeatedly to testify in the court.
(6) The Special Court shall not permit aggressive questioning or character assassination of the child and ensure that dignity of the child is maintained at all times during the trial.
(7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if in its opinion such disclosure is in the interest of the child.
Explanation.--For the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed.
(8) In appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.
(9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the trial of any offence under this Act, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session, and as far as may be, in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974) for trial before a Court of Session.
Section 33, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jaidev v. State
Court's Decision & Legal Precedent
Final Order order-1.pdf 2019-12-12 DATE VERIFIED. Manoj Kumar Ohri J. CRL.M.C. 4412/2019. Isolate: POCSO s.33(5) — the child is not to be called repeatedly to testify; s.33(2) requires questions to the child to be put through the Special Court. Recall of an 8-year-old child witness under CrPC 311 refused because it would re-live trauma. Leading HC. Distinctive name. Do not pad POCSO 4/12 (facts are s.12 sexual harassment / IPC 354A; isolate is procedure under s.33).
On this section: POCSO s.33(5) bars repeatedly calling a child to testify; CrPC 311 cannot recall a child witness where counsel had the opportunity to cross-examine and recall would re-inflict trauma (Jaidev).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 33
What have the courts held on Section 33 of the Protection of Children from Sexual Offences Act?
Jaidev v. State (12 Dec 2019) is the leading judgment on this section among those set out below: POCSO s.33(5) bars repeatedly calling a child to testify; CrPC 311 cannot recall a child witness where counsel had the opportunity to cross-examine and recall would re-inflict trauma (Jaidev).
How do I find court cases under Section 33 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 33, section 33 Pocso Act, section 33 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jaidev v. State (12 Dec 2019).
What should I read with Section 33 of the Protection of Children from Sexual Offences Act, and has it changed?
1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently The Protection of Children from Sexual Offences Rules, 2012 (2012).
When did Section 33 of the Protection of Children from Sexual Offences Act come into force?
Section 33 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 33, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
- 15. Punishment for storage of pornographic material involving child233 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.