POCSO Act Section 26 — Additional provisions regarding statement to be recorded
CHAPTER VI PROCEDURES FOR RECORDING STATEMENT OF THE CHILD
Criminal
Summary
Sub-section (1) states that the Magistrate or the police officer recording the child's statement must record it exactly as the child speaks it, and must do so in the presence of the child's parents or any other person the child trusts or has confidence in.
Sub-section (2) states that, whenever necessary, the Magistrate or police officer may take the help of a translator or interpreter while recording the child's statement. This translator or interpreter must have the qualifications and experience, and be paid the fees, that are prescribed by the rules.
Sub-section (3) states that, in the case of a child with a mental or physical disability, the Magistrate or police officer may take the help of a special educator, or any person familiar with how the child communicates, or an expert in that field, to record the child's statement. This person must have the qualifications and experience, and be paid the fees, that are prescribed by the rules.
Sub-section (4) states that, wherever possible, the Magistrate or police officer must ensure that the child's statement is also recorded through audio-video electronic means.
Official Text
(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.
