BACK TO POCSO Act 2012
POCSO Act 2012
Section 37
In-Camera Proceedings
THE STATUTE
Original Text
All proceedings under this Act shall be conducted in camera.
Explanation — For the purposes of this section, 'in camera proceedings' means proceedings in which the court deems only the following persons should be allowed to remain present:
(i) parties;
(ii) their advocates;
(iii) the child and any person who the court deems appropriate to be present for the support of the child;
(iv) any expert witness who might be asked to give evidence;
(v) any other person that the court considers necessary to be present in court.
Legal Commentary
Section 37 mandates that all POCSO proceedings must be conducted in-camera — meaning the public and press are excluded from the courtroom. This is one of POCSO's most important protective provisions: it ensures that child victims do not have to testify about sexual abuse in a room full of strangers, and that their identity and testimony cannot be directly observed and reported by the media.
**Who can be present in an in-camera POCSO proceeding:**
1. The parties (accused, the state as complainant)
2. Their advocates
3. The child and any trusted support person
4. Expert witnesses
5. Any other person the court considers necessary
**Public and press excluded:** The general public, journalists, and observers cannot attend POCSO proceedings. This is an absolute provision — not discretionary. Unlike CrPC Section 327 (which allows courts to conduct in-camera proceedings in rape cases at their discretion), POCSO Section 37 makes it mandatory for all proceedings.
**Media identity protection — extended by Nipun Saxena (2019):** Section 37 prevents direct observation, but the Supreme Court in Nipun Saxena went further — prohibiting media from publishing any detail that could identify the child victim, including name, age, area of residence, photograph, school name, parents' identity, or any combination of facts that could together identify the child. Violation of this prohibition is itself a punishable offence under POCSO Section 23.
**Support person presence:** Section 37's Explanation specifically allows a trusted person (parent, guardian, social worker) to be present during in-camera proceedings for the child's support. This must be with the child's consent and the court's permission.
Questions & Answers
In-camera means the trial is conducted in a closed court — the public and press are excluded. Only parties, their lawyers, the child and their support person, expert witnesses, and persons the court deems necessary may be present. This protects the child from testifying in front of strangers and prevents media coverage of the proceedings.
Media cannot publish any information that would identify the child victim — including name, age, locality, school, parents' identity, or any combination of details that could lead to identification. The Supreme Court in Nipun Saxena (2019) issued comprehensive guidelines prohibiting identifying coverage, and POCSO Section 23 makes violations punishable.