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At a trial under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), a…

The proviso to section 308 allows the court to shield a girl under eighteen who is alleged to have suffered rape or another sexual offence, while preserving the accused's…

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At a trial under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), a sixteen-year-old girl is about to testify about an alleged attempted rape. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the proceedings. The accused asks to question her face to face and show her a video on his phone. How should the Special Court respond?

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Answer and explanation

Correct answer C

The proviso to section 308 allows the court to shield a girl under eighteen who is alleged to have suffered rape or another sexual offence, while preserving the accused's right to cross-examine her. In a POCSO trial, section 36 requires the child to be shielded while the accused can hear the evidence and communicate with counsel. Section 33(2) routes questions through the Special Court. Protection from direct confrontation does not eliminate a fair opportunity to challenge the testimony.

Option feedback

Option A

The BNSS proviso covers a woman below eighteen alleged to have suffered rape or another sexual offence; attempt does not create the claimed exemption.

Option B

The witness’s age attracts the child-witness safeguards rather than removing them.

Option C

Section 308 preserves cross-examination while allowing shielding; POCSO section 36 requires protection from exposure to the accused with hearing and counsel communication preserved.

Option D

The timing of disclosure does not determine whether the accused may confront the child. POCSO section 36 requires shielding during testimony.

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