Abstract

This paper critically examines the witness protection mechanisms available to child victims under India’s Protection of Children from Sexual Offences (POCSO) Act, 2012, and evaluates their adequacy in practice. It compares these measures with those in selected jurisdictions (United Kingdom, United States, Australia, South Africa) to highlight strengths and gaps. The research aims to assess whether existing safeguards (statutory provisions, guidelines, judicial norms) effectively shield child witnesses during investigation and trial. We hypothesize that despite robust legal standards, implementation gaps and systemic delays undermine protection, necessitating further reforms. Methodologically, the study uses a combined doctrinal-empirical approach: detailed analysis of statutes (POCSO Act and related laws), case law, and guidelines; and empirical data from official reports, NGO case-studies (e.g. HAQ Centre’s report) and comparative sources. Key findings indicate that while POCSO provides for child-friendly procedures (e.g. recording evidence in camera, one-way screens, support persons) in practice many children still face courtroom intimidation, repeated testimony, and delays far exceeding statutory timelines. Comparative analysis reveals that other countries employ similar special measures – e.g. the UK’s Youth Justice and Criminal Evidence Act 1999 grants child witnesses automatic eligibility for screens, video-link testimony, intermediaries and exclusion of wigsbut also confront challenges. The paper concludes with recommendations: strengthen infrastructure (CCTV, one-way rooms), fully implement support persons, expand judicial training in child-sensitive questioning, and consider a comprehensive witness protection regime. These reforms, grounded in domestic and international norms (UNCRC Articles 12, 39), aim to ensure that India’s justice system better serves vulnerable child victims.

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