Section 38 of POCSO : Section 38: Assistance Of An Interpreter Or Expert While Recording Evidence Of Child

Explanation using Example

Imagine a scenario where a young child from a non-English speaking background is required to testify in a sexual offense case. The child is the key witness but struggles to express the ordeal in English. The court, under Section 38(1) of The Protection of Children from Sexual Offences Act, 2012, appoints a qualified translator. This translator assists the child in communicating effectively with the court, ensuring the child's testimony is accurately recorded and understood by the judge and the lawyers present.

In another instance, consider a child with autism who is a victim of sexual abuse. The child communicates primarily through a specialized communication device and finds unfamiliar environments overwhelming. Under Section 38(2) of the Act, the Special Court arranges for a special educator who is experienced in using such communication devices and understands the child's unique way of interacting. The educator facilitates the communication between the child and the court, enabling the child to provide evidence in a supportive and accessible manner.