Section 36 in Jammu and Kashmir Protection of Children from Sexual Violence Act, 2018
36. Special procedure for recording of evidence of child and disposal of case.
(1)The trial of offences under this Act shall commence within one week from the date of the presentation of the police report under section 173 of the Code of Criminal Procedure, Samvat 1989 and shall as far as possible be completed within a period of three months. The proceedings of the Court shall preferably be held on day to day basis :Provided that a report on the status of the trial shall be sent by the trial Court to the High Court after every three months with reasons of non-conclusion of trial.(2)The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court.(3)The witnesses of the prosecution shall be bound to appear before the Court on the date fixed for the hearing on a notice received from Investigating Officer, Public Prosecutor or Court.(4)The list of defence witnesses shall be submitted by the accused within two working days of the closure of prosecution evidence and recording of statement of the accused, if any. These witnesses shall be summoned and served by the Court :Provided that the court may at the request of the defence summon witnesses other than those included in the list for reasons to be recorded.
