POCSO Act, 2012
The Special Public Prosecutor: Section 32
A child-friendly trial needs more than a child-friendly judge. It needs a prosecutor who knows how to prepare a frightened child for court, who can frame questions a child understands and put them through the court, who will object when the defence crosses the line, and who can prove a case built on a child's word, a presumption and a forensic report. Section 32 provides for a Special Public Prosecutor for every Special Court, dedicated to POCSO cases. This note covers the appointment, the qualification, and the role.
The Special Public Prosecutor's appointment and status, and responsibilities at each point of the trial
1. The Provision
§ Section 32 (in substance) (1) The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act. (2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub-section (1) only if he had been in practice for not less than seven years as an advocate. (3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of the Code of Criminal Procedure, and its provisions shall have effect accordingly. |
2. Appointment and Qualification
Feature | The position |
|---|---|
Appointing authority | The State Government, by notification in the Official Gazette |
Number | One for EVERY Special Court |
Jurisdiction | Cases ONLY under the POCSO Act, so that the prosecutor is a specialist |
Eligibility | Not less than SEVEN YEARS' practice as an advocate |
Status | Deemed a Public Prosecutor within the Code, now the BNSS; and under s. 31 the person conducting a prosecution before a Special Court is deemed a Public Prosecutor |
After 1 July 2024 | References to the Code are read as references to the BNSS, by s. 8 of the General Clauses Act, 1897 |
§ Why a dedicated prosecutor • Specialisation. Child witnesses, trauma, the presumptions in Sections 29 and 30, age determination, and digital evidence are specialist subjects. • Continuity. A prosecutor attached to one Special Court builds familiarity with the court, the support persons and the local child protection system. • Speed. A dedicated prosecutor helps the court meet the thirty-day and one-year targets in Section 35. • Implementation. In Alakh Alok Srivastava v. Union of India (2018), the Supreme Court pressed for the effective functioning of Special Courts and the timely conduct of POCSO trials, which depends on dedicated prosecutors. |
3. The Role in a Child-Friendly Trial
Stage | What the Special Public Prosecutor does |
|---|---|
Before the child testifies | Meets the child with the support person; explains the process in simple terms; seeks the protections of s. 36 (screens, video link) and s. 38 (interpreter, special educator); presses for the child's evidence within thirty days |
During the evidence | Communicates questions to the court under s. 33(2), framed simply; objects to aggressive questioning and character assassination under s. 33(6); asks for breaks under s. 33(3); guards the child's identity under s. 33(7) |
Proving the case | Establishes the foundational facts so that ss. 29 and 30 operate; proves age on the s. 94 cascade; proves digital evidence with the BSA s. 63 certificate; opposes bail where the child's safety requires |
For the child's future | Seeks interim and final compensation under s. 33(8) and Rule 9; asks that fines be paid to the victim; avoids adjournments that would bring the child back under s. 33(5) |
§ Preparing the child without coaching Legitimate preparation means explaining the courtroom, the people in it, the screen or video link, and the right to ask for a break or say I don't understand. Improper coaching means suggesting what to say. It is both unethical and self-defeating, because tutoring is the first ground on which a child's evidence is attacked. The support person's presence at preparation meetings protects both the child and the prosecutor. |
4. The Special Public Prosecutor and the Child's Own Lawyer
§ Two lawyers on the child's side • Section 40 entitles the family to counsel of their choice, or to a lawyer provided by the Legal Services Authority. • The division of roles. The Special Public Prosecutor conducts the prosecution; the private counsel assists under the prosecutor's direction, in accordance with the rule on the conduct of prosecutions in the Code, now the BNSS. • The victim's voice. In Jagjeet Singh v. Ashish Mishra, (2022) 9 SCC 321, the Supreme Court held that a victim has a legally vested right to be heard at every stage of criminal proceedings, including bail. The prosecutor should ensure that the child's side is heard, not shut out. |
5. Frequently Asked Questions
Who appoints the Special Public Prosecutor?
The State Government, by notification, for every Special Court, under Section 32(1).
What qualification is required?
Not less than seven years' practice as an advocate, under Section 32(2).
Can the Special Public Prosecutor handle other cases?
Section 32(1) provides for the appointment to conduct cases only under the POCSO Act, so that the prosecutor is a specialist.
What is the prosecutor's role in questioning the child?
To communicate questions to the Special Court, which puts them to the child under Section 33(2), and to object to aggressive questioning or character assassination under Section 33(6).