Section 24 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
24. Recording of statement of a child.—
(1) The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place 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 come in the 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.
Visual Summary
Location
Recorded at the child’s residence or a place of their choice.
The Officer
Woman Police Officer (Sub-Inspector+). No Uniform.
Protection
No contact with accused. No night detention at station.
Privacy
Identity protected from media exposure.
Summary
Section 24 of the POCSO Act lays down the specific protocol for police when recording the statement of a child victim. The primary objective is to make the process child-friendly and less intimidating. Unlike standard criminal procedures, the child is not required to go to a police station. Instead, the police must go to the child’s home or a place where the child feels safe.
Crucially, the officer recording the statement should ideally be a woman (not below the rank of Sub-Inspector) and must not wear a uniform, as uniforms can be intimidating to children. The law strictly prohibits detaining a child at the police station overnight and mandates that the child must never come face-to-face with the accused during this process. Finally, strict confidentiality regarding the child’s identity must be maintained against media exposure.
Key Takeaways
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Venue Choice: The statement is recorded at the child’s residence or a place of their choice, not necessarily the police station. -
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Woman Officer: As far as practicable, a woman police officer (Sub-Inspector or above) should record the statement. -
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No Uniforms: Police officers must appear in plain clothes to reduce intimidation. -
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Zero Contact: The child must not come into contact with the accused at any point during the investigation. -
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No Night Detention: A child cannot be kept in a police station at night for any reason.
Process Flowchart
Practice Questions
Q1. According to Section 24, who should ideally record the statement of the child?
Show Answer
A woman police officer not below the rank of sub-inspector.
Q2. Is a police officer allowed to wear their uniform while recording the statement of a child under the POCSO Act?
Show Answer
No, Section 24(2) explicitly states that the police officer shall not be in uniform.
Q3. Can a child be detained in the police station at night for recording a statement?
Show Answer
No, Section 24(4) prohibits detaining a child in the police station in the night for any reason.
Related Provisions
Conclusion
Section 24 serves as a cornerstone of the POCSO Act’s child-centric approach. By mandating a comfortable environment, removing the visual authority of uniforms, and ensuring the child’s safety from the accused, the law attempts to minimize the “secondary victimization” often caused by the legal process itself. It shifts the burden of accommodation from the child to the system.