AI Overview...
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Recall of Victims in POCSO Cases - Section 311 Cr.P.C. permits courts to recall witnesses, including victims, for further examination or cross-examination. The courts have held that such recall is not barred solely because the witness is a victim under the POCSO Act, especially when it serves the interests of justice and the well-being of the child A.Maruthan Vs The Inspector - Madras.
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Application of Section 33(5) of POCSO - Section 33(5) emphasizes avoiding repeated examinations of child witnesses to prevent distress. Courts have balanced this provision with the powers under Section 311 Cr.P.C., ruling that recall can be allowed if justified, without infringing on the child's welfare Vikas vs State - Delhi, K. Angajan VS State Of Kerala - Kerala.
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Judicial Decisions - Courts have generally upheld the exercise of Section 311 Cr.P.C. for recalling witnesses in POCSO cases, provided that the reasons are compelling and do not cause unnecessary trauma to the child witness. The courts have emphasized that the purpose of Section 311 is to ensure a fair trial, and its application is not barred by the victim's status under the POCSO Act Petitioner/Accused vs State - Madras, PAVAN S/O MARAPPA @ MARANNA vs STATE BY PSI JAGALUR POLICE STATION DAVANAGERE DISTRICT - Karnataka.
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Main Insight - The main legal principle established is that the recall of victims as witnesses under Section 311 Cr.P.C. is permissible in POCSO cases and is not prohibited by the provisions of the POCSO Act, including Section 33(5). The courts prioritize justice and the rights of the accused while also safeguarding the child's welfare A.Maruthan Vs The Inspector - Madras.
Analysis and Conclusion:
The jurisprudence confirms that the recall of victims in POCSO cases under Section 311 Cr.P.C. is permissible and not barred by the provisions of the POCSO Act. Courts carefully consider the reasons for recall, balancing the need for a fair trial with the child's well-being, and have consistently held that such recall is within the courts' powers to ensure justice A.Maruthan Vs The Inspector - Madras, Vikas vs State - Delhi, K. Angajan VS State Of Kerala - Kerala.
Search Results for "Recall of Victims in Pocso Act Cases is no Bar under Section 311 Crpc"
• India - Madras High Court
Honourable Mr Justice K.MURALI SHANKAR
POCSO ACT - RECALL OF WITNESSES - SECTION 311 CRPC - [THE COURT HELD THAT THE PETITIONER SHOULD BE GIVEN ONE MORE OPPORTUNITY ... Fact of the Case: The petitioner, accused of offenses under the POCSO Act, filed a petition under Section 311 CrPC ... Ratio Decidendi: The court relied on the following principles: ... - The bar under Section 33(5) of the #HL_STAR....
• India - Delhi High Court
JYOTI SINGH
(A) Protection of Children from Sexual Offences Act, 2012 - Section 33(5) - Criminal Procedure Code, 1973 - Section 311 - Recall ... well-being was prioritized as per Section 33(5) of the POCSO Act. ... and the applicability of Section 33(5) of the POCSO Act in this context. ... However, by virtue of Sections 4 and 5 of Cr.P.C....
2024 0 Supreme(Ker) 1203 • India - Kerala
A. BADHARUDEEN
- Section 311 - Recall of witness - The trial court dismissed the petition to recall the victim for further cross-examination, citing ... (A) Protection of Children from Sexual Offences Act, 2012 - Section 33(5) - Criminal Procedure Code, 1973 ... effective prior cross-examination and the need to avoid repeated examination of child witnesses as per Section 33(5) of POCSO Act ... ....
2024 0 Supreme(Del) 573 • India - Delhi
NAVIN CHAWLA
- [Section 33 of POCSO Act, Section 311 of Cr.P.C., Section 354 of IPC, Section 10 of POCSO Act] - The court discussed the provisions ... POCSO Act - Application under Section 311 of Cr.P.C. - Sections 397, 401, 482 of Cr.P.C. - POCSO Act - IPC ... The pet....
2025 Supreme(Online)(Cal) 4862 • India - Calcutta High Court
(Paras 1, 7, 10, 12) ... ... (B) POCSO Act, 2012 - Section ... distress to victims; the lack of compelling reasons to recall the witness warranted the annulment of the lower court’s decision. ... the victim for further cross-examination after trial proceedings - The court held that provisions of Section 311 should be exercised ... It is further submitted that the very purpose of the Section 33 (5) of the POCSO #H....
2022 0 Supreme(Del) 1446 • India - Delhi
MANOJ KUMAR OHRI
Recall of Witnesses - POCSO Act - Section 391, Section 311 Cr.P.C. - Section 5(m) of the POCSO Act, punishable under Section 6 ... - Section 33(5) of the POCSO Act - P. ... The Trial Court had partially allowed the recall of some witnesses under Section 311 Cr.P.C. prior to....
2025 Supreme(Online)(Mad) 31454 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
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’s right under Section 311 Cr.P.C. to recall witnesses for cross-examination. ... (A) Protection of Children from Sexual Offences Act, Sections 5(m), 5(n) r/w 6(1); Code of Criminal Procedure, Section 311; Evidence ... ... ... Issues: Whether the trial court erred in disallowing recall and cross-examination of the victim under Section 33(5) of POCSO#....
2024 Supreme(Online)(Kar) 45941 • India - Karnataka High Court
M.NAGAPRASANNA J
(A) Protection of Children from Sexual Offences Act, 2012 - Section 33(5) - Criminal Procedure Code, 1973 - Section 311 - Application ... decision under Section 311 of the Cr.P.C. ... ... ... Result: The application under Section 311 of the Cr.P.C. is allowed. ... It is after this the petitioner files an application under Section 311 of the #....
2024 Supreme(Online)(KER) 35677 • India - High Court of Kerala
A. BADHARUDEEN, J
Section 138 , will have to necessarily be in consonance with the prescription contained in Section 311 Cr.P.C. ... Strongly opposing interference with the impugned order, it is submitted by the learned Public Prosecutor that the general principles under Section 311 of Cr.P.C. as stated in Rajaram Prasad Yadav's case (supra) has no application in the present case, since Section 33(5) of POCSO Act imposes an ... The....
2023 0 Supreme(Del) 3782 • India - Delhi
SWARANA KANTA SHARMA
397, Section 401, Section 311, Section 33(5) - The court dismissed the application seeking recall of witnesses under Section 311 ... Issues: The main issue was whether the application seeking recall of witnesses under Section 311 of Cr.P.C. should be allowed ... Recall of Witnesses - Criminal Procedure - Indian Penal Code, 1860, Protection of Children from Sexual Offen....
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