BACK TO POCSO Act 2012
POCSO Act 2012

Section 35

Period for Recording of Evidence of Child and Disposal of Case

THE STATUTE

Original Text

The Special Court, trying an offence under this Act shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence. Explanation — For the purposes of this section, 'cognizance of the offence' means the date on which the Special Court takes cognizance of the offence.

Legal Commentary

Section 35 imposes time limits on POCSO proceedings — a legislative response to the chronic delays in child sexual abuse trials that were causing child victims to undergo years of traumatic court proceedings and allowing accused persons to intimidate or exhaust complainants through delay. **Evidence recording within 30 days:** The child's evidence (examination-in-chief and cross-examination) must be completed within 30 days of the Special Court taking cognizance. This is to ensure the child's testimony is recorded while memory is fresh and before trauma, coaching, or intimidation can affect the evidence. **Trial completion within 1 year:** The entire trial — from cognizance to judgment — should be completed within 1 year. This includes framing of charges, evidence, arguments, and judgment. 'As far as possible' — the 1-year target is aspirational, not an absolute requirement that triggers acquittal if exceeded. **Reasons required for delay:** Any delay beyond the prescribed timeframes must be recorded with written reasons. This creates accountability — courts cannot simply adjourn POCSO matters without explanation. **Reality vs aspiration:** As with NI Act Section 143's 6-month target, the POCSO 1-year target remains largely aspirational in practice. The Supreme Court's FTSC initiative (Alakh Alok, 2018) specifically addressed this by establishing Fast-Track Special Courts with a stated target of 2-month trial completion.

Questions & Answers

Within 30 days of the Special Court taking cognizance of the offence. Any delay requires written reasons. The entire trial should be completed within 1 year — though this is an aspirational target ('as far as possible'), not an absolute deadline that results in acquittal if missed.