Section 26 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
26. Additional provisions regarding statement to be recorded.—
(1) The Magistrate or the police officer, as the case may be, 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, as the case may be, may take the assistance of a translator or an interpreter, having such qualifications, 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, as the case may be, 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, having such qualifications, experience and on payment of such fees as may be prescribed, to record the statement of the child.
(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the statement of the child is also recorded by audio-video electronic means.
Visual Summary
Trusted Presence
Statement must be recorded in the presence of parents or a person the child trusts.
Language Aid
Translators or interpreters must be provided if the child speaks a different language.
Special Needs
Special educators or experts must assist children with mental or physical disabilities.
Audio-Video
Whenever possible, the recording of the statement should be done via audio-video means.
Summary
Section 26 of the POCSO Act lays down specific guidelines to ensure that the process of recording a child’s statement is child-friendly, accurate, and accommodating of the child’s specific needs. This section applies to both the Police Officer investigating the case and the Magistrate recording the statement.
The core objective is to make the child feel safe by allowing the presence of trusted individuals (like parents). Furthermore, it mandates the state to provide professional assistance—such as translators for language barriers or special educators for disabilities—to ensure the child’s voice is heard correctly. Finally, it emphasizes the use of modern technology (audio-video recording) to preserve the integrity of the statement.
Key Takeaways
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Supportive Presence: The statement must be recorded in the presence of parents or a person the child trusts. -
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Language Assistance: If the child speaks a different language, a qualified translator or interpreter must be engaged. -
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Disability Support: For children with mental or physical disabilities, a special educator or communication expert is mandatory. -
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Electronic Recording: The law mandates audio-video recording of the statement wherever it is possible. -
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Verbatim Record: The statement must be recorded exactly “as spoken” by the child.
Process Flowchart
Practice Questions
1. Who must be present when the statement of the child is recorded?
The parents of the child or any other person in whom the child has trust or confidence.
2. Whose assistance can be taken if the child has a mental or physical disability?
A special educator, a person familiar with the manner of communication of the child, or an expert in that field.
3. What is the preferred method of recording the statement under Section 26(4)?
Wherever possible, the statement should be recorded by audio-video electronic means.
Related Provisions
Conclusion
Section 26 is a cornerstone of the child-centric jurisprudence introduced by the POCSO Act. It acknowledges that a child victim may be traumatized, may speak a different language, or may have disabilities that make standard communication difficult. By mandating the presence of trusted adults and experts, and encouraging the use of technology, the Act ensures that the legal process does not re-victimize the child and that the evidence collected is accurate and reliable.