POCSO Act, 2012
Recording the Statement of the Child: Sections 24 to 26
The first formal account a child gives is often the most important evidence in the case, and it is taken at the moment the child is most vulnerable. Chapter VI of the POCSO Act therefore prescribes exactly how it is to be done. Section 24 governs the police: where, by whom, in what dress, and with what protections. Section 25 governs the Magistrate, who records the statement as spoken by the child. Section 26 sets the common foundation for both: a trusted adult present, an interpreter or special educator where needed, and audio-video recording wherever possible. These notes take each in turn.
The police route and the Magistrate route, resting on the common foundation of Section 26
1. Section 24: The Statement to the Police
§ Section 24 (in substance) (1) The statement of the child shall be recorded at the residence of the child or at the place where he usually resides or of his choice, and as far as practicable by a woman police officer not below the rank of sub-inspector. (2) The police officer while recording the statement of the child shall not be in uniform. (3) The police officer making the investigation shall, while examining the child, ensure that at no point of time the child comes in contact in any way with the accused. (4) No child shall be detained in the police station in the night for any reason. (5) The police officer shall ensure that the identity of the child is protected from the public media, unless otherwise directed by the Special Court in the interest of the child. |
2. A Child-Friendly Recording, Rule by Rule
The rule | Its purpose |
|---|---|
At the child's residence or place of choice | The child speaks in familiar surroundings, not in the intimidating setting of a police station |
By a woman police officer, not below sub-inspector, so far as practicable | A child, especially a girl, is more likely to disclose to a woman officer; the rank ensures a responsible officer. The words so far as practicable allow for circumstances where no woman officer is available |
The officer not in uniform | A uniform signals authority and can frighten a child into silence or distort the account |
No contact with the accused at any point | Contact can terrify the child, and may expose the child to intimidation or pressure to retract |
Never detained in a police station at night | The child is a victim, not a suspect, and must not experience the process as custody |
Identity protected from the media | The child's privacy is protected from the very start of the investigation, consistently with Section 23 |
3. Section 25: The Statement to the Magistrate
§ Section 25 (in substance) (1) If the statement of the child is being recorded under Section 164 of the Code of Criminal Procedure, the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child: Provided that the provisions contained in the first proviso to sub-section (1) of Section 164 of the Code, so far as it permits the presence of the advocate of the accused, shall not apply in this case. (2) The Magistrate shall provide to the child and his parents or his representative a copy of the documents specified in the Code upon the final report being filed by the police. |
§ What Section 25 changes • As spoken by the child. The Magistrate records the child's own words, not a translation into legal language or a summary. The child's manner of expression is itself evidence of what happened. • No advocate for the accused. The proviso excludes the accused's advocate from the recording, so the child is not confronted with the defence at this stage. • Copies to the child's side. The child and parents receive the documents on the filing of the final report, so they can follow and participate in the case. |
4. The Statement under POCSO and the BNSS
§ After 1 July 2024 Section 164 of the Code of Criminal Procedure is now Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. By Section 8 of the General Clauses Act, 1897, the reference in Section 25 is read as a reference to Section 183. The BNSS reinforces the POCSO approach. In cases of sexual offences, the statement of the victim is to be recorded, so far as practicable, by a woman Magistrate, and may be recorded by audio-video electronic means. The copy of documents under Section 25(2) now refers to the corresponding provision of the BNSS on supplying copies to the accused. Where the two differ, Section 42A gives the POCSO Act overriding effect, so the child-specific safeguards in Section 25 prevail. |
5. Section 26: The Common Foundation
§ Section 26 (in substance) (1) The Magistrate or the police officer shall record the statement as spoken by the child in the presence of the parents of the child or any other person in whom the child has trust or confidence. (2) Wherever necessary, the Magistrate or the police officer may take the assistance of a translator or an interpreter, having such qualifications and experience and on payment of such fees as may be prescribed, while recording the statement of the child. (3) The Magistrate or the police officer may, in the case of a child having a mental or physical disability, seek the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, to record the statement of the child. (4) Wherever possible, the Magistrate or the police officer shall ensure that the statement of the child is also recorded by audio-video electronic means. |
§ Each safeguard, and why it is there • A parent or person of trust. The child's security is the condition for a truthful and complete account. Where a parent is the suspected abuser, the person of trust will be someone else. • An interpreter or translator. A child who speaks a different language or dialect must be understood in the child's own words. • A special educator or expert. A child with a speech, hearing or intellectual disability may communicate through signs, gestures or aids; without a person familiar with that communication, the child's account may be lost entirely. • Audio-video recording. It preserves the child's demeanour and words exactly, and reduces the need for the child to repeat the account. |
6. Repeated Statements and Secondary Victimisation
§ Why the number of retellings matters Each retelling forces the child to relive the abuse. A child who must repeat the account to the police, the doctor, the Magistrate, counsellors and the court suffers again at each stage. This is secondary victimisation: harm caused not by the offence but by the process. The Act's answer is a good first record. Recording as spoken, in the presence of a trusted adult, and on video, creates an account that can be relied on without repeated questioning. The trial carries the principle forward. Section 33(5) requires the Special Court to ensure that the child is not called repeatedly to testify. The Supreme Court has extended it to psychological evaluation. In Sheetal Vasant Thakur v. Chirag Arora (2026), it held that layered and repeated evaluations of a child with pending POCSO allegations risk re-traumatisation, and relied on Section 24 among other provisions in requiring minimum intrusion. |
7. Protection of Identity during Investigation
i. Section 24(5) places the duty on the investigating officer from the start: the child's identity must be protected from the public media.
ii. The only exception is a direction by the Special Court in the interest of the child.
iii. It connects with Section 23, which binds the media directly, and Section 33(7), which binds the Special Court at trial.
iv. In Nipun Saxena v. Union of India, (2019) 2 SCC 703, the Supreme Court held that the protection extends to the handling of records by the police and courts, and flows from the right to privacy and dignity under Article 21
8. Statement to the Police and Statement to the Magistrate
Basis | Statement to the police, s. 24 | Statement to the Magistrate, s. 25 |
|---|---|---|
Recorded under | The investigation provisions, now s. 180 BNSS, with POCSO s. 24 | Section 164 CrPC, now s. 183 BNSS, with POCSO s. 25 |
Recorded by | A police officer, so far as practicable a woman officer not below sub-inspector | A Magistrate, and under the BNSS so far as practicable a woman Magistrate |
Where | The child's residence or place of choice | Before the Magistrate, or as arranged |
Signed by the child | No | As the Magistrate's record requires |
Evidentiary use | Only to CONTRADICT the child's evidence at trial, not as substantive evidence | To CORROBORATE or CONTRADICT the child's evidence at trial; not itself substantive evidence |
Accused's advocate | Not present | Expressly EXCLUDED by the proviso to s. 25(1) |
Common safeguards | Section 26: trusted adult, interpreter, special educator, audio-video | Section 26: the same |
9. Landmark Points
- Section 24. At the child's residence, by a woman officer so far as practicable, not in uniform, no contact with the accused, no night detention, identity protected.
- Section 25(1). The Magistrate records the statement as spoken by the child; the accused's advocate may not be present.
- Section 25(2). Copies of documents to the child and parents on the final report.
- Section 164 CrPC is now Section 183 BNSS, which also favours a woman Magistrate and audio-video recording.
- Section 26. A trusted adult present; an interpreter; a special educator for a child with a disability; audio-video recording wherever possible.
- Secondary victimisation is the harm the recording rules are designed to prevent, carried forward by Section 33(5).
10. Frequently Asked Questions
Where must the police record a child's statement?
At the child's residence, or the place where the child usually resides, or a place of the child's choice, under Section 24(1). The child is not to be taken to a police station for the purpose.
Who records the statement?
As far as practicable, a woman police officer not below the rank of sub-inspector, and the officer must not be in uniform while doing so.
Can the child be kept at the police station overnight?
No. Section 24(4) provides that no child shall be detained in the police station in the night for any reason.
How does the Magistrate record the statement?
As spoken by the child, under Section 25(1). The proviso excludes the presence of the accused's advocate, which the general law would otherwise permit.
What does Section 26 require?
That the statement be recorded in the presence of a parent or a person the child trusts; with a translator or interpreter where necessary; with a special educator or expert for a child with a disability; and, wherever possible, by audio-video electronic means.
How do the two statements differ in evidentiary value?
A statement to the police may be used only to contradict the child at trial. A statement recorded by the Magistrate may be used to corroborate or contradict. Neither is substantive evidence in itself.
11. Related Topics in This POCSO Series
- Medical Examination of the Child: Section 27
- Procedure and Powers of Special Courts: Sections 33 to 38
- Reporting of POCSO Offences: Sections 19 to 23
- The POCSO Act and the New Criminal Codes