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Section 35: Period for recording of evidence of child and disposal of case

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

Trial Timelines
Expeditious Trial
Special Court (POCSO)
Act 2012
Section 34 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 36
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Child Sec 2(1)(d) Special Court Sec 28

Legal Commentary & Landmark Judgments: Section 35

Section 35 establishes strict statutory timelines for recording child evidence and disposing of POCSO cases, aiming to eliminate judicial delays.

  • Thirty-Day Evidence Deadline: The evidence of the child must be recorded within thirty days of the Special Court taking cognizance of the offence.
  • One-Year Trial Disposal Target: The Special Court must complete the entire trial as far as possible within one year from the date of taking cognizance.
  • Strict Bar on Unwarranted Adjournments: Adjournments are granted only for exceptional, recorded reasons; repeated delays for defense convenience are strictly curtailed.
  • Child Witness Fatigue Prevention: Requires that evidence be recorded on day-to-day basis to minimize courtroom visits and psychological distress.

Section 35 reflects the statutory principle that justice delayed is justice denied for minor victims, compelling trial courts to conclude proceedings within strict annual targets.

Key Landmark Precedents:
  • State of Karnataka v. Shivanna (2014) 8 SCC 913: Emphasized that the 30-day timeline for recording evidence under Section 35(1) is critical to prevent memory loss and witness tampering.
  • Asian Resurfacing of Road Agency v. CBI (2018): Affirmed that statutory deadlines in special criminal enactments must be strictly adhered to by trial judges.
Legal Commentary:

Section 35 seeks to prevent trials from dragging on until the child attains adulthood. Recording evidence within thirty days ensures fresh, untampered testimony, while the one-year trial deadline protects children from unending litigation trauma.

Section 34 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 36