Guidelines for Recording of Evidence of Vulnerable Witnesses, 2024-explainer

1. Statutory Foundation and Judicial Objectives

The administration of criminal justice in India has undergone a foundational metamorphosis with the enactment of the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). This 2024 Revised Framework marks a strategic departure from the legacy procedures of the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. This protocol is designed to realign judicial conduct with modern legislative mandates, ensuring that the testimony of vulnerable witnesses—the "best evidence"—is not compromised by the inherent rigors of the adversarial system.

Mission Statement for Presiding Officers

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Empowering Child Victims: Maharashtra's Revolutionary Support Person Guidelines 2025 Under POCSO Act

 

 

Maharashtra Government has implemented comprehensive guidelines for Support Persons under Section 39 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, issued on July 4, 2025. These guidelines represent a significant advancement in child protection, transforming from optional support to mandatory assistance for all POCSO victims across the state.

Read Maharashtra Govt Guidelines here: Click here.

Legislative Foundation and Supreme Court Mandate

The guidelines emerge from specific directives of the Supreme Court of India in landmark cases including "We the Women of India vs. Union of India" (Writ Petition No. 1156/2021) and "Bachpan Bachao Andolan vs. Union of India" (Writ Petition No. 427/2022). The Hon'ble Supreme Court emphasized that the need for support person should not be left to the discretion of parents and mandated that in all cases, victims must be informed about the availability and right to claim assistance from Support Persons.

Understanding Support Persons Under POCSO Act

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Supreme Court: The state must provide 'support persons' for child victims of sexual offenses as per the POCSO Act

 In crimes against children, it is not only the initiating horror or trauma that is deeply scarring; that is aggravated by the lack of support and handholding in the days that follow. In such crimes, true justice is achieved not merely by nabbing the culprit and bringing him to justice, or the severity of punishment meted out, but the support, care, and security to the victim (or vulnerable witness), as provided by the state and all its authorities in assuring a painless, as less an ordeal an experience as is possible, during the entire process of investigation, and trial. The support and care provided through state institutions and offices is vital during this period. Furthermore, justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, their worth and dignity, restored. Without this, justice is an empty phrase, an illusion. The POCSO Rules 2020, offer an effective framework in this regard, it is now left to the State as the biggest stakeholder in it - to ensure its strict implementation, in letter and spirit.{Para 12}

 IN THE SUPREME COURT OF INDIA

Writ Petition (Civil) No. 427 of 2022

Decided On: 18.08.2023

Bachpan Bachao Andolan Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

S. Ravindra Bhat and Aravind Kumar, JJ.

Author: S. Ravindra Bhat, J.

Citation: 2023/INSC/745, MANU/SC/0899/2023,(2023)9SCC133.

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