Supreme Court Rejects POCSO Convict’s Plea Of Minor Victim Cross-Examination

The Supreme Court declined to permit a POCSO (Protection of Children from Sexual Offences) Act convict to cross-examine the minor victim. In a case involving abuse, the convict sought to subject the minor to cross-examination (a procedure under the Indian Evidence Act). The bench held that the purpose of POCSO is to ensure a child friendly trial and protect the child from further trauma. Allowing such cross-examination of a minor victim would undermine these objectives. The Court considered the child’s best interest and concluded that a trial court must evaluate whether permitting cross-examination is just and fair in the particular circumstances, balancing defendant’s rights vs child’s dignity and well-being. Absent exceptional circumstances, cross-examination should not be allowed. The judgment clarifies that under POCSO norms, certain processes permissible in ordinary criminal trials may be restricted in cases involving minors for their welfare.