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Supreme Court Upholds POCSO Act's Protection: Child Victim Cannot Be Recalled for Testimony Repeatedly

Updated: Aug 29

In a significant ruling, the Supreme Court has reaffirmed the protective intent of the Protection of Children from Sexual Offences (POCSO) Act, 2012, by dismissing the plea of an accused seeking the recall of a child victim for further cross-examination. The Court highlighted that repeatedly calling a child victim to testify would defeat the purpose of the POCSO Act, which aims to safeguard minors from the trauma of multiple courtroom appearances.



The bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, observed that once the defence has been provided ample opportunity to cross-examine the victim, recalling the victim for further questioning is unwarranted. This decision underscores the importance of Section 33(5) of the POCSO Act, which mandates that a child should not be repeatedly called to testify, ensuring their protection from the potential trauma of reliving the incident multiple times.


While the Court clarified that Section 33(5) does not create an absolute bar against recalling a victim for re-examination, it emphasized that each case must be considered on its specific facts and circumstances. The Court's judgment aligns with the principles established in the case of State (NCT of Delhi) v. Shiv Kumar Yadav (2016), where the Supreme Court held that applications under Section 311 of the Criminal Procedure Code (CrPC) for recalling a witness should be bona fide and not a routine matter. The discretion granted to the Court must be exercised judiciously.


In this case, the Court found that the defence had already been given sufficient opportunities to cross-examine the child victim. Therefore, allowing the recall application would not serve the interests of justice but would instead expose the child to further trauma. Consequently, the Special Leave Petition filed by the accused, Madhab Chandra Pradhan, was dismissed.


This ruling reaffirms the judiciary's commitment to protecting child victims in sensitive cases under the POCSO Act.


Case Details:

MADHAB CHANDRA PRADHAN & ORS. Versus STATE OF ODISHA, SPECIAL LEAVE PETITION (CRL.) No. 10082 OF 2024.

*Citation:* 2024 LiveLaw (SC) 615






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