The Protection of Children from Sexual Offences Act, 2012 - 2 | Important Acts and Laws for Judiciary Exams PDF Download

Some Important Terminologies

Incest

• Incest refers to a prohibited sexual relationship between close relatives within a family. 
• This can include relationships like between siblings or a parent and child. According to Section 5 (n) of the POCSO Act, if a person related to the child through blood, adoption, marriage, guardianship, foster care, or having a domestic relationship with a parent of the child, commits penetrative sexual assault on the child, they are punishable for aggravated penetrative sexual assault. 
• The punishment includes rigorous imprisonment for a minimum of ten years, extendable to life imprisonment, along with a fine (Section 6).

Shared Household

A "shared household" is a residence where the accused individual lives or has lived in a domestic relationship with the child. Cases of sexual offences against children by close family members present complex challenges.
Factors to consider include:

• The accused might be the primary earner in the family, leading to financial strain if incarcerated, making families hesitant to report such incidents.
• Other family members may not believe the child, siding with the accused and pressuring the child to retract their statement or be uncooperative in the case.
• The child may have conflicting emotions towards the abuser, resulting in delayed reporting of incidents and feeling unsafe in their own home.

Commercial Sexual Exploitation of Children (CSEC)

• CSEC involves the sexual abuse of a child by an adult in exchange for payment in cash or kind to the child or a third party. 
• This exploitation treats the child both as a sexual and commercial object. 
• Forms of CSEC include child prostitution (including child sex tourism), child sexual abuse images, and the trafficking of children for sexual purposes.

Child Sex Tourism

• Child sex tourism involves individuals traveling from their home region or country to engage in sexual activities with children. These individuals can be domestic travelers or international tourists.
• It includes utilizing tourism-related services like accommodation and transportation to facilitate contact with children discreetly.
• Perpetrators often exchange cash, clothes, food, or other items for sexual contact with children or third parties.
• Child sex tourists can be of various backgrounds - married or single, male or female (predominantly male), local or foreign, wealthy or budget travelers.

Types of Child Sex Tourists

• Situational Child Sex Tourist: These offenders exploit children due to the anonymity and freedom provided by being a tourist.
• Preferential Child Sex Tourist: They actively prefer engaging sexually with children, typically pubescent or adolescent.
• Paedophile: Individuals with a primary sexual preference for pre-pubescent children.

Child Sexual Abuse Imagery

• Child sexual abuse imagery includes any visual representation of sexually explicit activities involving minors under 18 years.
• This encompasses photographs, videos, digitally produced images, and their production, distribution, possession, or solicitation, all of which are illegal.

Child Sexual Abuse Imagery and Online Sexual Abuse

• Online abuse refers to various forms of abuse that occur on the internet, such as cyberbullying, grooming, sexual exploitation, or emotional abuse.
• Children are at risk of online abuse from both known individuals and strangers, which can occur alongside or independently of real-world abuse.
• Victims may feel trapped as abusers can contact them at any time, leading to a sense of constant vulnerability.

Compensation

• Special Courts have the authority to direct payment of compensation (both interim and final) to address any physical or mental trauma endured by the child or for their immediate rehabilitation.
• The quantum of compensation is determined by the Special Courts, and they are responsible for ensuring that the State Government disburses the compensation within 30 days (Section 33(8), POCSO Act read with Rule 7, POCSO Rules).
• The child is not required to file an application for the Special Court to order interim or final compensation. The court can independently decide to provide compensation as deemed appropriate.
• Conviction is not a prerequisite for compensation. If the Special Court is convinced that a child has been a victim of sexual abuse, compensation can be directed, even if the accused is acquitted or unidentified (POCSO Rules, Rule 7(2)).
• Interim compensation can be granted at any stage and is not dependent on the child's testimony. The State Government must disburse the ordered compensation within 30 days (POCSO Rules, Rule 7(4) and 7(5)).
• The compensation may be paid from the Victims Compensation Fund or any other established scheme or fund under section 357A of the Code of Criminal Procedure.
• The amount of compensation is not specified in the POCSO Act, and it is at the judge's discretion. Factors considered include the type, nature, and severity of abuse, physical and mental harm, medical expenses, and the child's financial situation (POCSO Rules, Rule 7(3)).

Support Persons

• Special Courts should acknowledge support persons appointed by the CWC or the family, allowing their presence during the child's testimony. 
• They can also communicate the child's concerns and inquiries about the evidence recording process (Rule 4(8), POCSO Rules).

Legal Counsel on Behalf of Victim

• Special Courts must recognize the child's right to seek assistance from a legal practitioner (Section 40, POCSO Act).

Significant Court Rulings

On Institution of F.I.R

In the case of LalitaKumari v. Govt. of U.P. and Ors., the Supreme Court issued the following directives:

• Registration of FIR is mandatory under Section 154 of the Code when a cognizable offense is disclosed without room for a preliminary inquiry.
• If the received information does not reveal a cognizable offense but suggests a need for inquiry, a preliminary inquiry can be conducted to determine the presence of a cognizable offense.
• If a cognizable offense is discovered during the inquiry, the FIR must be filed. If the inquiry ends with the closure of the complaint, the informant must be provided with a brief explanation for the closure within a week.
• Police officers are obligated to register an offense upon disclosure of a cognizable offense. Failure to do so will result in action against the officers.
• Preliminary inquiries are not meant to validate the information but to identify any cognizable offenses present.
• The decision to conduct a preliminary inquiry is based on the specifics of each case. Some categories where such inquiries may be conducted include matrimonial disputes, commercial offenses, medical negligence cases, and corruption cases.
• Cases involving abnormal delay/lack in initiating criminal prosecution, like a delay of over 3 months in reporting without a satisfactory explanation.
• These are examples and not an exhaustive list of conditions that may require a preliminary inquiry.
• A preliminary inquiry, while safeguarding the rights of both the accused and the complainant, should be time-bound. Generally, it should not exceed fifteen days, and in exceptional cases, a six-week extension can be granted with proper justification. Any delays and their reasons must be documented in the General Diary entry.
• All information related to cognizable offenses, whether resulting in an FIR or an inquiry, must be meticulously recorded in the General Diary/Station Diary/Daily Diary. The decision to conduct a preliminary inquiry must also be documented.

Role of the Police in Investigation and Facilitating Statements under Section 164, Cr.P.C.

• In cases of rape, the Investigating Officer (IO) should promptly take the victim to the nearest lady Metropolitan or preferably a lady Judicial Magistrate for recording the statement under Section 164, Cr.P.C.
• The IO must note the date and time when they became aware of the rape incident and when the victim was taken to the Magistrate. Any delays exceeding 24 hours should be documented in the case diary, with a copy provided to the Magistrate along with the medical examination report.
• Following directions from the Apex Court, all Police Stations-in-Charge nationwide are mandated to adhere to specific actions upon receiving information about a rape offense.
• Victim's statement under Section 164 CrPC must be recorded by a Metropolitan/Judicial Magistrate. Statement copy should be given to the investigating officer with strict non-disclosure instructions.
• Preferably take the victim to a Lady Metropolitan/Judicial Magistrate. Record the date and time of learning about the offense and when the victim was taken to the Magistrate. If there's a delay over 24 hours, reasons must be documented in the case diary and shared with the Magistrate.
• Investigating officers must ensure immediate medical examination of the victim. Provide the medical report to the Magistrate handling the victim's statement under Section 164 CrPC.

Jurisdiction of Special Courts

• Case of Kum.ShraddhaMeghshyamVelhal v. State of Maharashtra: Police officers should present accused for remand before the Children's Court in POCSO Act cases.
• Case of Prasad v. State of Kerala: Magistrates can order the first remand of an accused under the POCSO Act, but subsequent proceedings should take place in the Special Court under the Act.

Nature of Offences under the POCSO Act

• The POCSO Act deals with offenses against children, providing a special mechanism to address these crimes. 
• Offenses under this act, including Section 12, are considered cognizable and non-bailable.

Rape is non-compoundable

• Rape is categorized as a non-compoundable offense, meaning it cannot be settled or compromised between the parties involved. 
• It is viewed as a crime against society, not just individuals.

Use of Two-finger test unconstitutional

• The Supreme Court, in the case of Lillu v. State of Haryana, declared the two-finger test unconstitutional. 
• This test violated the rights of rape survivors, infringing upon their privacy, physical and mental integrity, and dignity.

Credibility of testimony of rape victims and child witnesses

• The credibility of testimony from rape victims and child witnesses is crucial. 
• Corroborative evidence is not always necessary in cases of rape. 
• It is essential to treat victims with respect and sensitivity, acknowledging their status as victims and not accomplices.

State of Punjab v. Gurmit Singh

• This case highlights that a woman or girl who has experienced sexual assault should not be treated as an accomplice. 
• Their testimony should not be viewed with suspicion, as they are victims of another's actions.

Dattu Ramrao Sakhare v. State of Maharashtra

• Child witnesses can provide reliable testimony if found competent to understand and answer questions. 
• The court must evaluate the credibility of a child witness based on the specific circumstances of each case.

Ranjit Hazarika v. State of Assam

• The testimony of the victim is crucial in such cases. 
• Unless there are compelling reasons to do otherwise, the victim's testimony should be given significant weight in the legal process.

Corroboration of Testimony in Sexual Assault Cases

• Victims of sexual assault can be relied upon by courts without corroboration if their testimony is credible and inspires confidence.
• Insisting on corroboration in such cases can be seen as disrespectful.
• The testimony of a female complainant should not be viewed with doubt or suspicion.
• While the court may seek assurance in the evidence of the complainant, corroboration is not a legal requirement for conviction.
• Case: Balaji Sarjerao Kamble v. State of Maharashtra (2017)

Absence of Date in Testimony

• In a case involving a child victim, the absence of a specific date in the victim's testimony does not necessarily invalidate it.
• The court recognized that a young child may not have a precise sense of time.

Delay in Filing First Information Report (FIR)

• Delays in lodging an FIR should not automatically cast doubt on the prosecution's case.
• The court should assess the reasons for the delay and determine if they are satisfactory.
• A satisfactory explanation for the delay can strengthen the prosecution's case.
• Case: State of Himachal Pradesh v. Shree Kant Shekari (2004)

Test Identification Parade (TIP) Guidelines

• Guidelines for TIP involving children under 12 years old identifying an accused were outlined by the Delhi High Court.
• Proper procedures for TIP are crucial in cases involving child witnesses.
• Case: Rakesh Kumar v. State (2014)

12 years of age had to identify an accused:

• In cases where the witness is a child under 12 years old, Test Identification Parade (TIP) proceedings should take place in a courtroom connected to the main Tihar Jail to prevent the child from entering the main Jail Complex.
• A semi-reflective screen or another mechanism should be installed in the room where TIP proceedings occur to prevent direct confrontation between the child witness and the accused.
• The procedure and conduct of TIP proceedings should be explained to the accused and others involved when a child is the witness.
• During TIP proceedings, only a Deputy Superintendent of Jail or higher-ranking officer should accompany the child witness. Efforts should be made to deploy female officers, especially when the witness is a girl child.
• No police official should wear a uniform from the moment the child enters the TIP room until they leave after the proceedings. The child witness should be allowed to have parents, guardians, or close relatives present to ensure comfort during the identification process.
• The Director General (Prisons)/Jail Superintendent should assign a compassionate and sensitive lady officer to accompany the child witness.
• A child-friendly environment should be established in the initial room where the child is brought, ensuring the child's comfort and well-being.
• Light refreshments suitable for children under 12 years old should be provided to maintain a positive atmosphere.

Cross-examination of a Child with Disability

• The case of Chander Singh v. State, decided by the Delhi High Court, addresses the cross-examination of a child with a disability.
• In a particular case at the Judicial Academy Jharkhand, there was an incident where a 12-year-old deaf girl was subjected to sexual assault by the accused.
• Her statement was documented using gestures and drawings, with the aid of a teacher from a primary school for deaf children under the Delhi Government.
• The defense contended that her testimony couldn't be considered as evidence due to the inability to cross-examine her.
• The Delhi High Court emphasized that cross-examining a deaf and mute witness had to adhere to legal boundaries, preventing irrelevant questioning.
• It was further stated that the court must be mindful of the witness's limited vocabulary in sign language during cross-examination, and must regulate the questioning accordingly.
• Despite the limitations in vocabulary, the credibility of such a witness should not be undermined, and the court should oversee the cross-examination process with the witness's abilities in mind.
• The court ruled that the victim's drawings in response to the cross-examination were sufficient to fulfill the accused's right to cross-examination, leading to the affirmation of the appellant's conviction.

Publication of Name of the Victim

• Section 228-A of the Indian Penal Code (IPC) prohibits the disclosure or publication of the name or any information revealing the identity of a person accused of or victimized by rape under various sections of the IPC.
• In cases falling under section 23 of the Protection of Children from Sexual Offences (POCSO) Act, the publisher or owner of the media outlet, studio, or photographic facility is jointly and severally accountable for the actions or oversights of their employees.

Dos and Don'ts

• The police have a responsibility to handle information carefully to prevent the re-victimization of the victim and to safeguard the child's privacy during investigations.
• Information regarding a case involving a child should not be disclosed for the sake of a character reference if the case has been closed or concluded.
• Any relevant charges under section 228-A of the IPC or the POCSO Act should be included in the charge-sheet without omission.

• Section 228-A of the Indian Penal Code (IPC) prohibits the publishing or printing of the name or any information that would reveal the identity of a person accused of rape under sections 376, 376A, 376B, 376C, or 376D of the IPC.
• If an offence is committed under section 23 of the POCSO Act, the publisher or owner of the media, studio, or photographic facility will be jointly and severally liable for the actions of their employees.

Supreme Court Ruling in Nipun Saxena v. Union of India (2019)

• In the case of Nipun Saxena v. Union of India, the Supreme Court discussed the implications of Section 228-A at length.
• Sub-section (1) of Section 228-A states that revealing the name and identity of an alleged victim of offences under specific sections of the IPC is a criminal offence punishable by up to two years.
• Sub-section (2) of Section 228-A allows for the disclosure of the victim's identity under certain circumstances, such as in court proceedings with court permission.
• Publication of judgments by High Courts or the Supreme Court does not constitute an offence under the IPC.
• IPC and CrPC do not explicitly define the term "identity of any person." Section 228-A IPC prohibits the publication of any information that may reveal the identity of the victim, not just their name.
• The law aims to protect victims from future discrimination or harassment by ensuring their identities remain undisclosed in the media.
• A victim of rape often faces discrimination and social ostracization in society, making it challenging to secure employment, marriage, and integration into society.
• Our criminal justice system lacks a robust witness protection program, emphasizing the need to safeguard the victim's identity.
• Various methods are employed to disclose information without revealing the victim's name, such as referring to achievements without direct identification.
• It is crucial to ensure the anonymity of the victim to prevent public disclosure of their identity.

Guidelines by the Hon'ble Apex Court

• No individual is allowed to publish the victim's name or disclose any details that could lead to the victim's identification through any media.
• In cases where the victim is deceased or incapacitated, revealing their identity is prohibited unless authorized by the competent authority.
• FIRs related to specific offenses should not be made public, ensuring the victim's confidentiality.
• Victims filing appeals are not obligated to reveal their identity, and their cases should be handled according to legal procedures.
• Police officials are advised to safeguard documents containing the victim's name in sealed covers for confidentiality.
• All records in the public domain must remove the name of the victim to maintain anonymity.
• Authorities receiving the victim's name must keep it confidential, sharing it only with investigating agencies or the court in sealed reports.
• Next of kin can apply to reveal the identity of a deceased victim or a victim of unsound mind to the Sessions Judge under specific circumstances.
• The Special Court can allow disclosure of a minor victim's identity if it benefits the child.
• Each State/Union Territory should establish a "One-Stop Centre" in every district within a year.

Legal Precedents:

• In State of Punjab v. Ramdev Singh, the court emphasized not mentioning the victim's name in judgments involving certain offenses.
• Lalit Yadav v. State of Chhattisgarh highlighted the importance of protecting the victim's identity in court proceedings.

• Disclosure of Victim's Identity: Courts should avoid revealing the identity of the victim as per Section 228-A IPC, even though there are exceptions for judgments from superior courts.
• State of Punjab v. Ramdev Singh Case: The court emphasized the importance of protecting the victim's identity under Section 228-A IPC.
• Directive to High Court Registry: The High Court Registry is directed to make necessary changes to ensure compliance with Section 228-A IPC in trial courts.

False Complaint and False Information under POCSO Act

• Prohibition under Section 22: It is prohibited to make a false complaint or provide false information with the intent to harm, extort, threaten, or defame under the POCSO Act.
• Immunity for Good Faith Reporting: Information provided in good faith does not incur liability under the POCSO Act, Section 19(7).
• Protection of Children: The POCSO Act safeguards children from prosecution for making false complaints or providing false information under Section 22(2).

Landmark Judgments on Sexual Harassment by the Supreme Court of India

• Facts: In the Mathura rape case, a tribal girl named Mathura was allegedly raped by two policemen while in custody at Desai Gunj Police Station in Maharashtra in 1972.
• Issues Raised: The case highlighted various issues in Indian rape laws, including consent and custodial rape.

The POCSO Act Case

• The Sessions Court initially ruled in favor of the defendants, stating that the victim had consented to sexual intercourse.
• The Bombay High Court overturned this decision, emphasizing the distinction between consent and passive submission.
• The Supreme Court eventually acquitted the accused, citing lack of evidence of coercion or resistance.

Key Legal Changes in Indian Rape Law

• Public outrage following the case led to significant amendments in Indian rape laws.
• Prior to these changes, the legal system was criticized for being biased towards rapists.

Concept of Consent

Before the Criminal Law (Second Amendment) Act, 1983, it was challenging for women to prove lack of consent in cases of sexual intercourse.
Following a significant judgment, this act introduced changes to Indian rape laws:

• Criminal Law (Second Amendment) Act, 1983 inserted section 114(A) in the Indian Evidence Act, 1872. This section presumes lack of consent if sexual intercourse occurred and the victim claims non-consent.
• Section 376 of the Indian Penal Code, 1860 was amended to include sections 376(A), 376(B), 376(C), and 376(D), further modified by the Criminal Law Amendment Act, 2013.
• The act addressed "custodial rape" under section 376(2) of the Indian Penal Code, 1860, for offenses occurring while the victim is in state custody.
• Under section 376(2), the person responsible faces rigorous imprisonment for a minimum of ten years, extendable to life, along with fines.
• The burden of proof, previously on the prosecution, shifted to the accused in cases where sexual intercourse is proven.
• Section 228A was introduced in the Indian Penal Code, 1860, prohibiting the publication of rape victims' identities, later amended by the Criminal Law Amendment Act, 2013.

Legal Precedents:

• In the case of Sangitaben Shaileshbhai Datanta v. State of Gujarat, 2018 SCC Online SC 2300, the Supreme Court referenced its decision in State of Punjab v. Ramdev Singh, (2004) 1 SCC 421. The court made crucial observations regarding these legal amendments.
• Restriction on revealing victim's identity in judgments to prevent social victimization or ostracism.
• In Nipun Saxena v. Union of India, the Supreme Court emphasized the prohibition of revealing victim's identity.
• The Mathura rape case was significant in sparking reforms in Indian rape laws after massive protests.

Vishaka vs. State of Rajasthan and Ors., (1997) 6 SCC 241 :AIR 1997 (SC) 3011 (Bhanwari Devi Case)

• Facts of the Case: Bhanwari Devi, a lower caste social worker, was gang-raped while trying to stop a child marriage in Rajasthan.
• Issue Raised: The case questioned the employer's responsibility in cases of sexual harassment at the workplace.

Key Legal Judgment

• To seek justice, the case was presented to the Trial Court. The accused was acquitted due to insufficient medical evidence and other factors.
• Subsequently, various women's groups appealed against the ruling, leading to a public interest litigation at the Supreme Court of India regarding workplace sexual harassment.
• The Supreme Court's decision was based on international treaties not yet integrated into national law.

Legal Implications and Changes

Post the ruling, a legal gap was identified, necessitating judicial intervention in addressing workplace sexual harassment.

The case established guidelines for employers and relevant parties, including:

• Establishing a complaint committee in all workplaces.
• Mandating that the committee be led by a female employee with NGO or third-party involvement.
• Requiring at least half of the committee members to be women.
• Ensuring all complaints regarding sexual harassment are handled exclusively by the committee, with appropriate actions taken by employers as per the law.
• Empowering the committee to advise and suggest further actions to the victim.
• The POCSO Act defines sexual harassment to include various forms of unwelcome sexually determined behavior and demands in the workplace.
• Examples of such behavior encompass physical contacts, advances, sexually colored remarks, displaying pornography, making lewd comments or gestures, demanding sexual acts through any means, spreading rumors with sexually colored remarks about a woman at work, or gossiping about a woman's sexual relationships.
• These guidelines were the first of their kind, aiming to uphold gender equality rights and ensure women are free from harassment in both public and private employment settings.
• This landmark judgment prompted the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013, effective from December 9, 2013.
• The 2013 Act replaced the Vishaka Guidelines, which were initially introduced by the Supreme Court of India for preventing sexual harassment.

Sakshi v. Union of India, (2004) 5 SCC 518

• In this case, the organization Sakshi filed a writ petition under Article 32 of the Constitution, advocating for a broader interpretation of "sexual intercourse" in the Indian Penal Code.
• Sakshi contended that sexual abuse of women and minor children through various forms of penetration beyond penile-vaginal should be considered as serious offenses.
• The organization argued that such acts, even if not traditional penile-vaginal penetration, can cause significant trauma to victims and should not be treated lightly under the law.
• The Supreme Court referred to the 156th report of the Law Commission, emphasizing the need to differentiate between different types of sexual offenses under the Indian Penal Code.

Definition of Rape

• Section 354 IPC falls under the category of 'rape', which is considered a more severe offense with specific implications.
• The Court emphasized that the definition of rape in section 375 should not be modified as it would not serve the best interests of society.

Evidence Presentation

• During court proceedings, it is crucial to create a safe environment for victims and witnesses to freely recount the incident without feeling intimidated.
• Recording evidence in the presence of the accused, as per Section 273 CrPC, does not necessitate that the accused must have a direct view of the victim or witnesses.
• Video-conferencing for evidence presentation, as validated in State of Maharashtra v. Dr.Praful B. Desai, is permissible under Section 273 CrPC.

Ensuring Comfort

• To prevent fear or shock-induced by the accused's presence, a screen or similar arrangement can be utilized to shield the victim or witnesses.
• This measure aims to avoid situations where the intimidation hampers the full disclosure of details, potentially leading to a miscarriage of justice.

Cross-Examination Considerations

• Questions posed during cross-examination can be distressing or confusing, particularly in cases of rape or child abuse.
• To mitigate this, questions can be submitted in writing to the presiding officer, who can then present them to the victim or witnesses in a non-embarrassing manner.
• It is suggested that breaks be provided to child or rape victims during testimony to ensure their comfort and well-being.

Importance of Privacy in Rape Trials

• Provisions of Sections 327(2) and (3) of CrPC highlighted in State of Punjab v. Gurmit Singh case.
• Rape trials should be held in-camera to make victims feel more comfortable and provide better quality of evidence.
• Trials should ideally be conducted by lady judges where available for ease of statement by the prosecutrix.

Directions for Trial of Child Sex Abuse or Rape

• A screen or similar arrangement should be used to shield victims and witnesses from seeing the accused directly.
• Questions relating to the incident during cross-examination should be given in writing to the presiding officer for clarity and sensitivity.
• Victims should be allowed breaks during testimony as needed.

Additional Directions and Suggestions

• Provisions of Section 327 CrPC to apply in inquiry or trial of offences under Sections 354 and 377 IPC.
• Suggestions by petitioners seen as beneficial for the cause of justice and societal interest.
• Urgent need for appropriate legislation due to the alarming increase in cases of child abuse and rape.

Importance of Legislation

• Legislation is crucial for addressing highlighted issues in rape cases.
• Parliament's prompt attention is necessary for appropriate legal reforms.

Protection of Victim Rights

• Court directives ensure privacy in cases of rape, section 354, and 377.
• Cross-examination should be controlled to prevent victim harassment.
• Victims should not be subjected to repeated trauma during legal proceedings.

Amendments in Criminal Law

• Crime frequency led to the enactment of Criminal Law (Amendment) Act, 1983.
• Sections 375 and 376 were amended to strengthen laws against rape.
• Added provisions penalize custodians who molest women under their care.
• Section 114-A in the Evidence Act draws a presumption of lack of consent in some rape cases.

Overview of the POCSO Act, 2012
Amendments to Section 327 CrPC

• Sub-sections 2 and 3 were added to Section 327 CrPC after renumbering the old section as sub-section (1).

Conduct of Rape Trials

• Trials for offenses under specific sections of the Indian Penal Code, such as rape, are to be conducted in camera, as per Section 327(2) CrPC.

Importance of In-Camera Trials

• In-camera trials are crucial for ensuring the comfort of victims and improving the quality of evidence.

Benefits of In-Camera Trials

• Victims can testify more comfortably and provide better quality evidence in a less intimidating environment.
• Improved evidence quality aids courts in determining the truth and distinguishing between truth and falsehood.

Recommendations for Trial Courts

• Trial courts should be reminded of the amended provisions of Section 327 CrPC.
• Presiding Officers must ensure that rape trials are consistently held in camera.

Judicial Procedures in Rape Cases

• Judicial Academy Jharkhand emphasizes the need for conducting rape trials in camera to protect the victim's privacy under Section 327(2) CrPC.
• During in-camera trials, any publication of case details without court permission is prohibited (Section 327(3) CrPC) to prevent further harm to the victim.
• Recommendation: Consider assigning female judges in sexual assault cases to provide a more comfortable environment for the prosecutrix to testify effectively.
• Courts are advised to refrain from disclosing the name of the prosecutrix in their orders to safeguard her identity and dignity.
• Anonymity of the victim must be maintained throughout legal proceedings, with a focus on respecting the victim's privacy.