POCSO Act Section 25 — Recording of statement of a child by Magistrate

Summary

Sub-section (1) deals with when a Magistrate records a child's statement under section 164 of the Code of Criminal Procedure, 1973. The Magistrate must record the statement exactly as the child speaks it, even if the Code says otherwise. However, the part of the Code that normally allows the accused person's advocate to be present during such a recording does not apply here.

Sub-section (2) requires the Magistrate to give a copy of the document specified under section 207 of the Code of Criminal Procedure to the child and to the child's parents or representative. This copy must be provided after the police file their final report under section 173 of that Code.

Official Text

(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.

Related Judgments

• NIPUN SAXENA & ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• Sanjeevi Seshadri and Mr.; Pranav Jain, Ms. Manvi; Priya; and; Ms.; Vr vs STATE — Delhi High Court (2018)
• Tabassum A. Sattar and anr. vs The State of Maharashtra and ors — Bombay High Court (Mumbai Principal Seat) (2016)