Section 25 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
25. Recording of statement of a child by Magistrate.
(1) If the statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 (2 of 1974) (herein referred to as the Code), 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 shall, so far 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 document specified under section 207 of the Code, upon the final report being filed by the police under section 173 of that Code.
Visual Summary
Verbatim Recording
The Magistrate must record the statement exactly “as spoken” by the child, preserving their original language and expression.
No Accused’s Lawyer
Unlike standard criminal procedure, the advocate of the accused is NOT allowed to be present during this recording to prevent intimidation.
Right to Documents
The Magistrate must provide copies of the police report and documents to the child/parents once the investigation concludes.
Summary
Section 25 of the POCSO Act lays down specific rules for when a Magistrate records the statement of a child victim. This usually happens under Section 164 of the Code of Criminal Procedure (CrPC), which gives the statement high evidentiary value.
1. Protection from Intimidation:
Normally, under the CrPC, an accused person’s lawyer might be allowed to be present during certain proceedings. However, POCSO explicitly overrides this. To ensure the child feels safe and speaks freely, the accused’s lawyer is strictly prohibited from being present while the child is giving their statement to the Magistrate.
2. Exact Words:
The Magistrate is legally bound to record the statement exactly as the child speaks it. They cannot paraphrase or interpret the child’s words during the recording phase.
3. Access to Information:
Once the police finish their investigation and file a “Final Report” (Charge Sheet), the Magistrate must ensure the child and their parents receive copies of all relevant documents (statements, evidence, etc.) to help them prepare for the trial.
Key Takeaways
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Override of CrPC: This section specifically overrides the proviso in Section 164(1) of the CrPC regarding the presence of the accused’s advocate. -
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“As Spoken”: The integrity of the child’s statement is preserved by recording it verbatim. -
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Transparency: The victim is guaranteed access to the charge sheet and related documents (Section 207 CrPC documents) upon filing.
Process Flowchart
Practice Questions
Q1. Under Section 25 of the POCSO Act, is the advocate of the accused permitted to be present while the Magistrate records the child’s statement?
Show Answer
No. The proviso to Section 25(1) explicitly states that the provision of Section 164 CrPC permitting the presence of the accused’s advocate shall not apply in this case.
Q2. How must the Magistrate record the statement of the child?
Show Answer
The Magistrate must record the statement “as spoken by the child.”
Q3. When is the Magistrate required to provide copies of documents (under s. 207 CrPC) to the child or their parents?
Show Answer
Upon the final report being filed by the police under Section 173 of the Code.
Related Provisions
- Section 24: Recording of statement of a child (General police procedure).
- Section 26: Additional provisions regarding statement to be recorded (Presence of parents, translators, etc.).
- Section 35: Period for recording of evidence of child and disposal of case.
Conclusion
Section 25 is a cornerstone of the child-friendly jurisprudence introduced by the POCSO Act. By expressly barring the accused’s lawyer from the chamber during the recording of the statement under Section 164 CrPC, the law prioritizes the mental well-being of the child over traditional procedural norms. Furthermore, by mandating the provision of document copies to the victim’s family, it ensures that the child’s guardians are well-informed and can participate effectively in the legal process.