“Child Specific” Procedural Safeguards Can't Be Extended To Victim Who Attains Majority During Trial: Rajasthan High Court

“Child Specific” Procedural Safeguards Can't Be Extended To Victim Who Attains Majority During Trial: Rajasthan High Court

The petition challenged the continued application of Section 33(2) of the POCSO Act—which requires cross-examination questions to be routed through the Special Court—after the victims turned 18. The case involved FIRs under Sections 376(D), 363 IPC and Sections 5(g)/6 of the POCSO Act, alleging sexual assault of minors. During the trial, the victims attained majority, and the accused argued that Section 33(2) should no longer apply. The High Court agreed, ruling that once victims become adults, they must be directly cross-examined by the defense. However, trial courts retain the authority to regulate such cross-examinations to prevent undue harassment.