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Survivors > Sexual Violence > Court Procedures

What you should know about court procedures

Once the police have filed a Chargesheet in court, a date will be given by the court for the trial to begin. This date along with details of the court and court room number where the trial will be held will be informed to you (and the witnesses) via summons.


- Generally, the complainant (or informant of the FIR) is the first witness, followed by the survivor (if different from complainant), those associated with the survivor, the panchas, the examining doctor, the Investigating Officer, and finally the accused, if he wants to give a statement.


- Your examination in court will happen in-camera %u2013 which means that there will be no general public present there. The only people present will be the judge, the Public Prosecutor, the defense lawyer,the staff of the court. (Amendment of Section 327 CrPC by the Code Of Criminal Procedure (Amendment) Act, 2008)


- During the trial, witnesses can be called by both the State and the accused (defense).


- A court statement consists of an examination-in-chief and a cross examination.


- The examination of a witness, by the party who calls him, shall be called his examination-in-chief whereas the examination of a witness by the opposite party is called cross examination. Thus, if you are the survivor, your examination in chief will be done by the public prosecutor and the cross examination by the defense lawyer.


- During any examination (examination-in-chief &/or cross examination), questions or comments regarding the survivor%u2019s general immoral behavior or past sexual experience are not permitted (Amendment to Section 146 of Indian Evidence Act by Criminal Amendment Act of 2013)


- There is one court room specially designated for crimes under Protection of Children from Sexual Offences (POCSO) Act of 2012, to ensure speedy trial. (As per 28(1)of POSCO Act) All cases of survivors under the age of 18 years, are tried at this court room, unless the accused is a juvenile in which case the case is tried in the Juvenile Court. (As per 34(1) of POSCO Act)


- There is no such allocation of a special court for survivors over 18 years of age.


- This special court, as far as possible should complete the trial within 1 year oftaking cognizance, i.e. from the first date of hearing. (Section 35(2), POCSOAct, 2012)


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