POCSO Act, 2012
Guidelines for the Assistance of Experts: Section 39
No police officer, prosecutor or judge can meet all of an abused child's needs alone. The child may need a counsellor, a psychologist, a social worker, a special educator, an interpreter, a doctor, and someone to hold the whole process together. Section 39 of the POCSO Act requires the State to frame guidelines for bringing these people into the case, at the pre-trial and trial stages, to assist the child. This note sets out the provision, the professionals it covers, the Model Guidelines, and the limits on expert involvement.
The team around the child across the stages of a case, the Model Guidelines, and the limits on experts
1. The Provision
§ Section 39 (in substance) Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child. |
§ Four features of the section • A duty on the State. The State Government shall prepare guidelines; it is not optional. • A defined range of expertise. Psychology, social work, physical health, mental health and child development. • Both stages. Pre-trial, including reporting, investigation and medical care, and trial. • One purpose. To assist the child. Experts under Section 39 serve the child, not either party. |
2. The Professionals Involved
Professional | Role | Related provisions |
|---|---|---|
Support person | Appointed by the CWC to inform, support and accompany the child through the case, and report on the child's situation | Rule 4; Bachpan Bachao Andolan (2023) |
Social worker | Part of the SJPU; links the police with the care system; assesses the family situation | JJ Act s. 107(2) |
Psychologist or counsellor | Assesses and supports the child's emotional state; prepares the child for court; provides therapy | Rules 4 and 6; s. 39 |
Mental health expert | Treats trauma and associated conditions; advises on the child's capacity and needs | Rule 6; s. 39 |
Interpreter or translator | Enables the child to speak and understand in the child's own language | ss. 19(4), 26(2), 38(1); Rule 5 |
Special educator | Communicates with a child with a disability | ss. 26(3), 38(2); Rule 5 |
NGO or child-protection worker | Liaison with authorities, family support, access to services, rehabilitation | s. 39 |
3. The Model Guidelines under Section 39
§ Ministry of Women and Child Development, 2013 A template for the States. The Ministry issued Model Guidelines under Section 39 so that each State could frame its own guidelines on a common basis. Roles defined stage by stage. They set out the functions of NGOs, support persons and experts from the report through investigation, medical care and trial to rehabilitation. Governing principles. They are built on the best interest of the child and strict confidentiality, with the child informed at each step, and emphasise coordination with the police, CWC, prosecutor and court. Qualified persons. The District Child Protection Unit maintains registers of qualified support persons, interpreters, special educators and experts, as Rule 5 of the POCSO Rules, 2020 also requires. |
4. The Limits on Expert Involvement
§ Assistance, not investigation • Experts assist the child. They do not act for a party, and they must not become instruments in adult litigation. • No finding on guilt. Whether an offence was committed is for the court. An expert's report is confined to the purpose for which it was commissioned. • Minimum intrusion. In Sheetal Vasant Thakur v. Chirag Arora, 2026 INSC 638, the Supreme Court read Section 39 with Sections 24, 33(5) and 36 in holding that evaluations must be kept to what is necessary, ordinarily conducted by one independent expert, and kept confidential, because layered expert involvement can itself re-traumatise the child. • Availability. In Bachpan Bachao Andolan v. Union of India (2023), the Supreme Court found support persons appointed in only a small fraction of cases and held their availability not merely directory, directing guidelines for their appointment, qualifications and remuneration. |
5. Frequently Asked Questions
What does Section 39 require?
That the State Government prepare guidelines for NGOs, professionals and experts in psychology, social work, physical and mental health and child development to be associated with the pre-trial and trial stages to assist the child.
What are the Model Guidelines under Section 39?
Guidelines issued by the Ministry of Women and Child Development in 2013 as a template for State guidelines, defining the roles of NGOs, support persons and experts at each stage.
Can an expert under Section 39 give an opinion on guilt?
No. Experts assist the child. Whether an offence was committed is for the court, as the Supreme Court emphasised in Sheetal Vasant Thakur.
Is a support person mandatory?
The Supreme Court in Bachpan Bachao Andolan (2023) held that the availability of a support person is not merely directory and directed guidelines to secure it.