The Gujarat High Court has held that a victim’s testimony in a case under the Protection of Children from Sexual Offences (POCSO) Act must be recorded in camera even if she turns 18 before the trial begins. Justice Mool Chand Tyagi set aside an order of the Exclusive POCSO Court, Ahmedabad (Rural), which had rejected a request for in-camera recording of the victim’s deposition.
Background
The FIR was registered on March 15, 2026, under provisions of the Bharatiya Nyaya Sanhita, 2023, and the POCSO Act. According to the FIR, the girl was 17 years and 11 months old at the time of the alleged incident.
During the trial, the petitioner sought an order directing the POCSO Court to record the victim’s testimony in camera. The application was rejected on August 8, 2026, prompting the petitioner to approach the High Court.
The plea raised the question of how the victim’s evidence should be recorded after she attained majority, while ensuring an effective opportunity for cross-examination.
The State submitted that the procedure under the POCSO Act remained applicable because the girl was a minor when the alleged incident occurred.
After examining the record and hearing the parties, Justice Tyagi agreed that the victim’s age at the time of the incident was relevant to determining the applicable procedure.
The Court observed,
“The offence was also registered under the provisions of POCSO Act as well as Bharatiya Nyaya Sanhita, 2023, therefore, the provisions of Section 33(2), 36 and 37 of the POCSO Act would apply in the present case.”
It further clarified,
“Mere the fact that when the trial was commenced, the age of the victim girl was more than 18 years would not tantamount that the provisions of POCSO Act regarding recording of deposition would not apply.”
The High Court set aside the order rejecting the request and directed the Exclusive POCSO Court, Ahmedabad (Rural), to record the victim’s deposition in camera in accordance with Sections 33(2), 36 and 37 of the POCSO Act.
The petition was disposed of, and the rule was made absolute to that extent.
