Section 24 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Recording of Statement of a Child under POCSO Act, 2012
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) prioritizes the protection of children during the criminal justice process. Section 24 specifically governs the recording of a child’s statement, ensuring the process is sensitive, child-friendly, and non-intimidating, thereby preventing secondary trauma.
Procedure under Section 24
Section 24 mandates that a child’s statement must be recorded by a woman police officer not below the rank of Sub-Inspector. The procedure is designed to be child-centric:
- The officer should not be in uniform, and the statement should be recorded at the child’s residence or another place where the child feels safe and comfortable.
- The surroundings must be friendly and free from hostility, ensuring the child is at ease.
- The child may be accompanied by parents, guardians, or a trusted person during the recording to provide emotional support.
- Repeated questioning should be avoided to minimize trauma, and the statement should be recorded in the child’s own language in a manner they can understand.
Significance of the Provision
Section 24 protects children from additional psychological harm while participating in legal proceedings. By creating a supportive environment and adopting a compassionate approach, it ensures that children can provide accurate testimony without fear or stress.
Conclusion
Section 24 reflects the child-focused intent of the POCSO Act. By mandating a woman officer, a safe environment, the presence of guardians, and minimal repetition of statements, the law safeguards the mental well-being of children while ensuring evidence is recorded effectively and fairly.