The Gujarat High Court has ruled that merely because an alleged victim turned 18-years-old at the time of commencement of POCSO trial, would not mean that provisions of POCSO Act which provide for in-camera deposition of the victim would not apply. [2026 LiveLaw (Guj) 300]

The court was hearing a plea claiming that the victim had attained age of majority and thus the petitioner must get an effective opportunity to cross examine the prosecutrix as per law.

Meanwhile the State argued that POCSO Court ought to have adopted the procedure as prescribed under the provisions of POCSO Act as at the time of incident, the victim girl was aged about 17 years and 11 months, therefore, the provisions of POCSO Act governing the recording of deposition would apply to the trial of the present case. 

Justice Mool Chand Tyagi observed that the FIR was lodged on 15.03.2026. The court noted that as per FIR, the age of the victim girl was 17 years and 11 months at the time of commission of the alleged offence.

The court said that the offence was also registered under the provisions of POCSO Act as well as BNS 2023, therefore, the provisions of Section 33(2), 36 and 37 of the POCSO Act would apply.

"Mere the fact that when the trial was commenced, the age of the victim girl was more than 18 years would not tantamount that the provisions of POCSO Act regarding recording of deposition would not apply, therefore, the impugned order passed by learned Exclusive POCSO Court, Ahmedabad (Rural) deserves to be set aside and the present petition deserves to be allowed. The learned Exclusive POCSO Court is directed to record the deposition of the victim girl in camera in accordance with the provisions of Section 33(2), 36 and 37 of the POCSO Act," the court held. 

The plea was disposed of.