Understanding Section 24 of the POCSO Act: A Guide to Recording a Child's Statement
- Rajesh Kumar Kar
- Aug 29
- 9 min read
Updated: Sep 1
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a critical law designed to protect children. A key part of this law is Section 24, which sets the rules for the investigation and for recording a child victim's statement. This guide explains the legal procedure in simple steps, ensuring the process is understood by everyone involved. It focuses on the rights and protections available to the child.
Table of Index
What is Section 24 of the POCSO Act?
Section 24 of the POCSO Act provides a clear set of rules for recording the statement of a child who is a victim of a sexual offence. The main purpose of this section is to create a secure and child-friendly environment during the investigation process. It ensures that the child feels safe and is not intimidated, which helps them to speak truthfully and without fear. The law recognizes the immense trauma a child faces and aims to prevent any further distress during the legal proceedings.
The core principle of Section 24 is to prioritize the child's comfort and psychological well-being above all else during the initial and most crucial stage of the investigation.
The Core Safeguards: A Breakdown of Section 24 Provisions
This part of the law details the specific protections that must be followed when recording a child's statement. Each safeguard is designed to protect the child from further trauma and ensure the integrity of their testimony.
Location of Statement: A Place of Comfort and Safety
Section 24 of the POCSO Act dictates that the statement must be recorded in a place where the child feels comfortable and safe. This rule is vital because a familiar and non-threatening environment helps reduce the child's anxiety, allowing them to communicate more freely. The permissible locations include:
The child's residence.
The place where the child usually lives.
Any other place of the child's choice.
The Investigator: Role of a Woman Police Officer
The recording statement of a child must be handled with great sensitivity, which is why the law specifies who should conduct it. Section 24 states that, as far as practicable, the statement should be recorded by a woman police officer who is not below the rank of sub-inspector. A very important rule is that the officer shall not be in uniform. This helps create a less intimidating atmosphere, making it easier for the child to trust the officer and share their experience.
No Contact with the Accused
A strict requirement under the POCSO procedure is that the child must not come into contact with the accused person at any point during the examination. This provision is in place to prevent the child from being intimidated or re-traumatized by seeing the person who allegedly harmed them. The police officer in charge of the investigation must ensure this separation is maintained.
No Overnight Detention at a Police Station
Section 24 clearly prohibits the detention of a child at a police station during the night for any reason. This safeguard ensures the child's well-being and prevents them from being held in an environment that could be frightening and unsuitable for a minor.
Protecting the Child's Identity
Protecting the child's identity is a fundamental duty under the child-friendly provisions of the POCSO Act. The police officer must ensure that no information that could reveal the child's identity is disclosed to the public media. This includes their name, address, school, or photograph. The only exception is if the Special Court, after careful consideration, decides that revealing the identity is in the child's best interest and provides the reasons in writing.
Visualizing the Process: Step-by-Step Flowchart for Recording a Statement
The POCSO statement procedure can seem complex, so this flowchart simplifies the process. It outlines the key steps from the moment an offense is reported to the finalization of the statement, highlighting the built-in safeguards.
Step 1: Offence Reported. Any person with knowledge of the offense reports it to the Special Juvenile Police Unit or local police.
Step 2: Choose a Safe Location. The statement is recorded at the child's home or another place of their choosing.
Step 3: Woman SI (not in uniform) arrives. A woman police officer of sub-inspector rank, in plain clothes, is assigned to record the statement.
Step 4: Parent/Trusted Person Present. A parent, guardian, or another person the child trusts is present during the recording (as per Section 26).
Step 5: Statement recorded as spoken by the child. The officer writes down the statement exactly as the child says it, ensuring no contact with the accused.
Step 6: Identity Protected. The police ensure the child's identity remains confidential from the media.
Beyond Section 24: How Sections 25 & 26 Complete the Process
Section 24 of the POCSO Act does not work in isolation. It functions alongside Sections 25 and 26 to create a comprehensive framework for recording a child's testimony, involving both the police and the judiciary.
Section 25: Recording the Statement Before a Magistrate
Section 25 of the POCSO Act deals with the recording of a child's statement by a Magistrate under Section 164 of the Code of Criminal Procedure (CrPC). This statement holds significant evidentiary value. The Magistrate is required to record the statement exactly as the child states it, without any interpretation. Crucially, the lawyer for the accused is not allowed to be present during this process to ensure the child can speak without any external pressure.
Section 26: The Support System - Parents, Interpreters, and Technology
Section 26 of the POCSO Act provides for a robust support system for the child. It mandates the presence of the child’s parents or another trusted person during the statement recording. If the child has a mental or physical disability, the law requires the assistance of a special educator or an interpreter who understands the child's method of communication. Furthermore, the section encourages the use of audio-video electronic means to record the statement wherever possible, creating a more accurate and unaltered record.
Role | Police Officer (Section 24) | Magistrate (Section 25) |
Primary Function | Initial investigation and recording of the first statement. | Formal recording of a statement with higher evidentiary value (under CrPC 164). |
Location | Child's residence or a place of their choice. | Typically in the Magistrate's chamber or a similar formal setting. |
Key Safeguard | Must be a woman officer (wherever practicable), not in uniform. | Must record the statement as spoken by the child; the accused's advocate cannot be present. |
Support Person | Parent/trusted person must be present. | Parent/trusted person must be present. |
Actionable Checklists for Stakeholders
These checklists are practical tools to help law enforcement and parents navigate the process and ensure all legal requirements are met.
Checklist for Law Enforcement Officers
Is the officer recording the statement a woman of at least sub-inspector rank?
Is the officer in plain clothes, not in uniform?
Is the statement being recorded at the child’s residence or a place they have chosen?
Is a parent, guardian, or trusted person present with the child?
Has contact between the child and the accused been completely prevented?
If the child has a disability, has an interpreter or special educator been arranged?
Has the child's identity been protected from the media?
Is the child being detained overnight at the police station? (This is prohibited).
Checklist for Parents/Guardians
You have the right to choose the location for your child’s statement.
You have the right to be present when your child gives their statement to the police and the Magistrate.
You can ensure the police officer recording the statement is a woman and not in uniform.
You can request an interpreter or special educator if your child has a disability or communication difficulty.
You can ensure your child is not forced to face the accused person.
You have the right to free legal aid for your child.
The Role of Courts: How Landmark Judgments Interpret Section 24
Courts have played a vital role in reinforcing the importance of the procedures laid out in Section 24. Landmark judgments on the POCSO Act often highlight that these safeguards are mandatory and exist for the child's benefit.
In the case of State vs. Manish (2014), the court addressed a situation where the child's statement was recorded by a male police officer, which was a violation of the provisions under Section 24(1) of the POCSO Act. Such cases emphasize that procedural rules are not mere technicalities but are essential to ensure justice and protect the child victim from further harm. The courts consistently uphold the principle that these protections cannot be overlooked, as their purpose is to create a supportive environment that enables a child to give a clear and fearless account.
Conclusion: The Spirit of Section 24
Section 24 is far more than a list of procedural rules. The spirit of Section 24 reflects a deep legislative commitment to child-friendly justice. It fundamentally shifts the focus of the criminal justice system towards protecting the psychological and emotional well-being of the child victim. By creating a safe, sensitive, and supportive environment for a child to give their statement, the law ensures that their dignity is upheld. This child-centric approach is the cornerstone of the POCSO Act's importance, aiming not just for conviction, but for justice that heals rather than harms.
FAQs
Q1. What happens if a woman police officer is not available?
The law uses the phrase "as far as practicable." However, courts have taken this matter seriously. A 2024 Kerala High Court ruling noted that while the provision aims to ensure a child's comfort, the officer-in-charge of a police station is still duty-bound to record the information without delay, even in the absence of a woman sub-inspector, to avoid letting a procedural challenge obstruct justice.
Q2. Can a child's statement recorded under Sec 24 be used as evidence?
Yes, a statement recorded by the police under Section 24 can be used as part of the investigation and prosecution. However, a statement recorded by a Magistrate under Section 25 (read with CrPC Section 164) generally carries greater evidentiary weight in court. Courts have held that a conviction can be based solely on a child's testimony if it is found to be trustworthy and consistent.
Q3. What is the difference between a statement to the police (Sec 24) and a Magistrate (Sec 25)?
A statement to the police under Section 24 is the initial account recorded during the investigation. A statement before a Magistrate under Section 25 is a formal judicial record, often seen as more reliable as it's made before a judicial officer without police presence, which reduces the possibility of coercion.
Q4. Can the accused get a copy of the child's statement?
The accused is not entitled to a copy of the child's statement recorded under Section 164 of the CrPC (as per Section 25 of POCSO) at the initial stage, such as during bail hearings. This is to protect the child and the integrity of the investigation. The accused is provided with copies of all documents, including statements, at a later stage of the trial as per procedural law.
Q5. What if the child has a disability?
The law makes special provisions. Sections 26 of the POCSO Act mandates that if a child has a mental or physical disability, the police or Magistrate must use a special educator, an interpreter, or someone familiar with the child’s mode of communication to help record the statement accurately.
Q6. Is there a time limit for recording the statement?
While the Act doesn't specify a time limit for recording the statement under Section 24, it emphasizes promptness. Section 35 of the Act states that the court should record the child's evidence within 30 days of taking cognizance of the offense and aim to complete the trial within one year. Importantly, there is no time limit for reporting a crime under the POCSO Act.
Q7. Can a male child's statement also be recorded by a woman officer?
Yes. The POCSO Act is gender-neutral, meaning it applies equally to male, female, and transgender children. The provision for a woman officer is designed to make any child victim feel more comfortable and is applicable regardless of the child's gender.
Q8. What is the punishment for revealing a child victim's identity?
Revealing a child victim's identity is a serious offense. Under Section 23 of the POCSO Act, any person or media house that discloses information leading to the identification of the child can be punished with imprisonment for a term of at least six months, which may extend to one year, or a fine, or both.
Q9. Are the POCSO Rules, 2020 different from the Act?
The POCSO Act, 2012 is the primary law. The POCSO Rules, 2020 were introduced to provide detailed procedures for implementing the Act effectively. They clarify aspects like providing interim compensation, the role of support persons, and procedures for medical examination, thus strengthening the original Act.
Q10. Can a parent be forced to be present during the statement?
The law mandates the presence of a parent or a trusted person to support the child. While the law uses the word "shall," indicating a mandatory duty for authorities to ensure their presence, it is primarily a right of the child. If a parent fails to report an offense they know about, they can be held liable under Section 21 of the Act.
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