#BNSS Section 348

The Madras High Court has ruled that the POCSO Act’s procedural safeguards for child victims do not extend to blocking cross-examination of adult prosecution witnesses under BNSS Section 348. This affirms the accused’s constitutional right to a fair trial and prevents misuse of POCSO’s protective provisions to suppress legitimate defense rights in mixed-witness cases.

Chhattisgarh High Court rules that once a POCSO victim has been fully cross-examined, BNSS Section 348 and Supreme Court precedent prohibit re-cross-examination, even if new evidence emerges later. The decision reinforces statutory protections for victims while balancing fair trial rights, setting a clear threshold for recall applications in sexual offence cases.