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Section 37: Trials to be conducted in camera

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

Statutory Regulation
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Act 2012
Section 36 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 38

Legal Commentary & Landmark Judgments: Section 37

Section 37 of the POCSO Act imposes a non-derogable statutory mandate that all trials under the Act must be conducted in camera, strictly in the presence of the child's parents or trusted support persons, and prohibiting public or unauthorized access.

  • Mandatory In-Camera Proceedings: The Special Court has no discretion to hold an open-court trial; every trial under POCSO must be conducted within closed doors to protect the dignity and privacy of the child victim.
  • Permissible Attendees: The proceedings must be conducted in the presence of the parents of the child or any other trusted person in whom the child reposes confidence, providing psychological security.
  • Exclusion of Superfluous Persons: All persons not directly connected with the trial—including unrelated advocates, police officers not associated with the case, media personnel, and general public—must be excluded from the courtroom.
Key Landmark Precedents:
  • Nipun Saxena v. Union of India (2019) 2 SCC 703: The Supreme Court held that the in-camera mandate under Section 37 r/w the statutory identity ban under Section 23 POCSO and Section 228A IPC is absolute; no person, publication, or judicial order may reveal the identity of the child victim directly or indirectly.
  • State of Punjab v. Gurmit Singh (1996) 2 SCC 384: The Supreme Court ruled that in-camera trials in sexual offence prosecutions are essential to ensure the victim can depose fearlessly and truthfully without humiliation, social stigma, or voyeuristic intrusion.
Courtroom Practice & Strategic Litigation Guidance:

If unauthorized advocates, interns, or spectators are present in the courtroom during the child's testimony, request the Special Judge to clear the court pursuant to Section 37. Emphasize in camera compliance on the judicial order sheet to prevent trial vitiation and protect judicial sanctity.

Section 36 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 38