KOLKATA, January 3, 2026 — The Calcutta High Court has ruled that survivors of heinous crimes like trafficking and sexual assault under the Protection of Children from Sexual Offences (POCSO) Act should not be repeatedly called for cross-examination. This landmark decision aims to protect vulnerable witnesses from further harassment and trauma within the legal process.
Justice Chaitali Chatterjee Das set aside a trial court order that had permitted the recall of a trafficking victim for further cross-examination, asserting that such actions cannot be taken mechanically without substantial reasoning. The High Court emphasized that the power to recall a witness under Section 311 of the Criminal Procedure Code (CrPC) is discretionary and must be exercised judiciously, especially in sensitive cases involving sexual exploitation and trafficking.
The case originated from allegations of human trafficking for immoral purposes, where the victim was allegedly procured for commercial sexual exploitation and sold for money. Following a complaint by her mother in January 2023, police filed a chargesheet against six accused under the Indian Penal Code (IPC) and the POCSO Act. The victim testified as the first prosecution witness, with her cross-examination concluding on March 15, 2024.
Nearly five months later, one of the accused requested the victim's recall, arguing that a junior advocate had failed to ask crucial questions during the initial cross-examination. The trial court granted this request on August 13, 2024. However, the High Court reversed this decision, noting that the accused had already been given an opportunity to cross-examine the victim and did not request more time during the initial proceedings. The High Court also pointed out that the recall application was filed long after the evidence had been concluded and that the trial court’s order lacked justification for why recalling the victim was essential for a just decision.
The Calcutta High Court has consistently emphasized the need to protect the identity of victims of sexual offenses and offenses under the POCSO Act. The court has laid down practice directions to ensure non-disclosure of the victim's identity in court records, including name, parentage, address, or any other particulars. These rules, framed under Section 228A IPC and 33(7) of the POCSO Act, aim to prevent further victimization and protect the privacy of survivors.
The High Court has made it clear that recalling a witness cannot be permitted merely to fill gaps in the defense or to delay the trial. It reiterated that no compelling grounds were presented to justify recalling the victim after a considerable delay. The court also referenced guidelines for recording evidence of vulnerable witnesses, ensuring proceedings are conducted in simple language comprehensible to the witness and allowing for a support person of the witness's choice during deposition. These guidelines emphasize monitoring the examination and cross-examination of victims to prevent harassment or intimidation.
This ruling aligns with previous judgments emphasizing the importance of applying the POCSO Act judiciously to protect children while also safeguarding individuals from false allegations. The High Court's stance underscores a commitment to upholding the rights and dignity of victims, ensuring that protective laws are not misused.
