Recalling child survivor under Section 311 of the Code of Criminal Procedure

High Court of Delhi Crl M.C. 1615 of 2020

Vikas Vs. State (NCT of Delhi)

Applications for recalling a child survivor under Section 311 of the Code of Criminal Procedure, 1973 (“CrPC”) are subject to Section 33(5) of the POCSO Act on the principle of generalia specialibus non-derogant. The conflicting rights of the accused and the survivor have to be balanced when considering such an application.