(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 for the accused shall put questions to the child through the Special Court.
(3) The Special Court shall ensure that the child is not called repeatedly to testify in the court.
(4) The Special Court shall not permit aggressive questioning or character assassination of the child.
(5) The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.
(6) The Special Court may permit in-camera trial of the case.
(7) The Special Court may in appropriate cases pass an order for interim relief or compensation to the child.
Legal Commentary & Landmark Judgments: Section 33
Section 33 sets out the unique procedure and powers of the Special Court, introducing mandatory child-friendly trial protocols designed to protect the minor witness.
Section 33 humanizes courtroom cross-examination by filtering aggressive defense questioning through the trial judge, transforming the court into a non-traumatizing forum.
Section 33 completely re-engineers the criminal trial. By preventing direct confrontation with the rapist and requiring the Judge to rephrase cross-examination questions, it shields children from courtroom bullying.