Under Section 36 of the Protection of Children from Sexual Offences Act, 2012, can the accused be…
Section 36(1) requires the Special Court to shield the child from the accused "while at the same time ensuring that the accused is in a position to hear the statement of the…
Choose your answer
Under Section 36 of the Protection of Children from Sexual Offences Act, 2012, can the accused be completely denied access to the child's testimony?
Answer and explanation
Correct answer C
Section 36(1) requires the Special Court to shield the child from the accused "while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate". That guarantee admits no exception for young children or aggravated offences, and the court cannot override it by recording reasons.