Protection of Children from Sexual Offences Act, 2012–Sec. 24(3)–Code of Criminal Procedure, 1973–Secs. 439–Test identification parade in respect of the cases of POCSO Act–Guidelines.
(a) In every case where the witness/ victim is a child below the age of 18 years TIP proceedings shall be held in one of the court rooms during the course of trial–No pre-trial identification would be mandatory.
(b) Installation of CCTV cameras, computer screen or mechanism in a room where TIP proceedings will be conducted so that the child witness is not confronted face to face with the accused participating in the TIP proceedings.
(c) Person accused of the offence and the others having some resemblance with the features of accused; who may be participating in the TIP will be explained the procedure and the manner of TIP proceedings to be held in a case of child witness.
(d)The child and the accused should not be at one place in the court room, it must be separate, so that he or she may not be exposed directly or confronted.
(e)The presiding officer of the court shall show the live streaming of accused standing with other persons in a separate area; to the victim on the monitor/screen–The presiding officer then ask the victim to identify the accused among the others standing with him.
As soon the process is done, the screen shall be shut down. The presiding officer then note down the response as well demeanor of the witness in the case file.
(f) So far as possible only female officers may be deployed wherever the witness happens to be a girl child for the purposes of identifying the accused person.
(g) No police official shall be seen in a uniform right from the stage when the child enters the TIP Room and till he/she leaves the premises after the completion of TIP proceedings. The child witness shall be entitled to accompany his parents/guardians or any of his close relatives so as to make the child comfortable before participating in identifying the accused in the Test Identification Parade.
(h) The child friendly atmosphere will be created in a room where the child is brought first and the stay of the child will be made most comfortable so that the child finds the place to be attractive and conducive to his/her requirements.
(i) Necessary arrangements for light refreshment to the general liking of children below the age of 16 years shall also remain in place to keep the mood of the child upbeat.
