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Section 39: Guidelines for child to take assistance of experts, etc.

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2012
Section 38 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 40

Legal Commentary & Landmark Judgments: Section 39

Section 39 of the POCSO Act mandates the State Government to frame comprehensive operational guidelines for non-governmental organisations, child psychologists, mental health experts, and support persons engaged to assist the child throughout investigation and trial.

  • State Rule-Making and Guidelines: Imposes a statutory obligation upon the State Government to formulate guidelines regulating the engagement, qualification, and conduct of NGOs, experts, and support persons assisting child victims.
  • Comprehensive Care Continuum: Encompasses medical care, psychological counseling, trauma therapy, shelter, food, and emotional support to be provided to the child at every stage of the legal process.
  • Inter-Agency Coordination: Structures institutional linkages between the Special Court, Child Welfare Committees (CWCs), District Child Protection Units (DCPUs), and accredited child rights organizations.
Key Landmark Precedents:
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: The Supreme Court directed State Governments to frame institutional guidelines and standard operating procedures (SOPs) for child-friendly judicial procedures, integrating professional counselors and support persons into special courts.
  • Sampurna Behrua v. Union of India (2018) 4 SCC 433: The Supreme Court emphasized the mandatory duty of State Governments to establish child welfare infrastructure, train support persons, and enforce Section 39 guidelines to ensure child protection does not remain a paper promise.
Courtroom Practice & Strategic Litigation Guidance:

In victim-advocacy and trial practice, petition the Special Court under Section 39 r/w POCSO Rules 2020 for the formal appointment of an accredited Support Person. For the defense, ensure that the support person does not intervene during cross-examination to answer questions on behalf of the child witness.

Section 38 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 40