Amendment status not verified — confirm the current text below against the official source.
(1) The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act. (2) A person shall be eligible to be appointed as a Special Public Prosecutor under subsection (1) only if he had been in practice for not less than seven years as an advocate. (3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 and provision of that Code shall have effect accordingly. 1.2. Child-friendly procedures The Act provides for child-friendly pre-trial and trial procedures to minimise the trauma felt by child victims and to eliminate the possibility of revictimisation at the time of trial. The child- friendly pre-trial procedures cast duties on the police and are to be implemented at the time of 6Section 40: Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973 the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under this Act: Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them. 65 reporting of offences and recording of the child‟s statement. These are given in detail in Sections 19-26 of the Act. The child-friendly procedures during the trial are to be followed by the Special Courts set up under Section 28(1) to try offences under the Act. They aim to ensure that the child is protected from intimidation, whether intentional or not. All legal representatives, whether representing the accused or the child, must be aware of these provisions. Given the particular vulnerabilities of children, additional measures should also be made available and utilised even in normal circumstances. The child-friendly trial provisions are detailed in Section 33 – 38 of the Act. 1.3 Services that may be provided by Legal Aid Authorities: i) Legal Representation The abused child should be provided with such care and protection as required by law. Any such action shall be in accordance with the procedures established by the State Legal Services Authority and the National Legal Services Authority. The Form for Application for Legal Services should be provided to the child by the police at the time of making the report under Section 19(1). ii) Legal Counselling Complainants in need of legal aid/ assistance/ advice in cases of violations of child rights may seek aid/ assistance from the Legal Aid Cell so that the child is able to testify in court without fear. iii) Legal Advice The Cell shall render such aid/ assistance/ advice to the complainant as well as send its legal opinion in such cases to the concerned govt. authorities for suitable action. Governmental and Non Governmental Organisations, Civil Society Organisations, voluntary organisations, parents, relatives, concerned friends and members of the public may, on behalf of the child in need of care & protection, approach the Cell and receive legal advice regarding the legal rights of the child and the means for accessing those rights. The Cell will provide requisite information and advice to the concerned persons regarding the legal options available for protecting the interests 66 of the child. The Cell will also assist the concerned in making a decision regarding various options available to pursue the case and if required help in formulation of complaints, petitions, etc. Other services offered by the Legal Services Authority: i) Payment of court and other process fee; ii) Charges for preparing, drafting and filing of any legal proceedings; iii) Charges of a legal practitioner or legal advisor; iv) Costs of obtaining decrees, judgments, orders or any other documents in a legal proceeding; v) Costs of paper work, including printing, translation etc. 1.4. Mode of selection of lawyers to represent children who have been sexually abused: The DLSA shall draw a panel of qualified and experienced advocates to represent child victims of sexual abuse. This panel should comprise of a mix of advocates having practice experience of more than 3 to 5 years as well as junior advocates. Conviction, commitment and experience in the field of child rights should be relevant considerations for empanelment. Advocates may initially be empanelled for a period of one year which can be extended on the basis of performance. 1.5. Payment of Legal Aid Counsellors The Legal Aid Counsels will be paid for their services by the LSA as per the approved schedule of fees.