Home / The Protection of Children from Sexual Offenses Act
Criminal Law
Procedures For Recording Statement of The Child
«28-Mar-2025
Introduction
- The protection of children from sexual exploitation and abuse is a critical societal responsibility.
- These guidelines outline the comprehensive legal framework for reporting, handling, and addressing potential offences against children, emphasizing the collective duty of individuals, institutions, and media to safeguard child welfare.
- Chapter VI of the Protection of Children from Sexual Offences Act, 2012 (POCSO) states the procedure for Recording statement of the Child under Sections 24 to 27.
Statutory Provisions for Recording Statement of the Child
Section 24: Recording of Child's Statement
Location of Statement Recording:
- Statements shall be recorded at:
- Child's residence
- Place where child usually resides
- Location of child's choice
Police Officer Qualifications:
- Must be a woman police officer
- Minimum rank of sub-inspector
- Shall not wear police uniform during statement recording
Interaction Restrictions:
- Absolute prohibition of child's contact with the accused
- No detention of child in police station during night hours
Identity Protection:
- Child's identity must be protected from public media
- Exceptions only by Special Court order in child's interest
Section 25: Recording of statement of a child by Magistrate
Statement Recording Procedure:
- Magistrate must record statement exactly as spoken by child
- First proviso of Section 164 CrPC regarding accused advocate's presence stands modified
Documentation Rights:
- Mandatory provision of document copies under Section 207 CrPC
- Copies to be provided to child, parents, or representative upon police final report
Section 26: Additional provisions regarding statement to be recorded
Presence during Statement
- Statement must be recorded in presence of:
- Child's parents
- Trusted person of child's choice
Supportive Assistance
- Translator/interpreter allowance:
- Prescribed qualifications
- Regulated fee structure
- Used when language barriers exist
Special Needs Accommodation
- For children with mental/physical disabilities:
- Special educator assistance
- Communication expert involvement
- Specialized recording techniques
Electronic Documentation
- Mandatory audio-video recording of statement
- Wherever technologically feasible
Section 27: Medical Examination Protocols
Examination Triggers:
- Applicable regardless of FIR or complaint registration
- Based on Section 164A of CrPC
Medical Examiner Specifications:
- Girl child examination by woman doctor
- Mandatory
Examination Presence:
- Parent or trusted person must be present
- Alternative: Woman nominated by medical institution head
Conclusion
These guidelines represent a comprehensive legal mechanism to protect children from sexual exploitation. They establish clear reporting protocols, protection measures, and accountability standards for individuals, institutions, and media. The primary objective is to create a robust, child-centric framework that prioritizes the safety, privacy, and well-being of children.