Section 26 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Additional Provisions Regarding Statement to be Recorded
Section 26 of the POCSO Act deals with supplementary provisions relating to the recording of a child’s statement in cases of sexual offences. It ensures that statements are recorded in a manner that is sensitive, reliable, and legally admissible, while safeguarding the child from further trauma. It complements Sections 24 and 25, which specifically deal with statements recorded by police and magistrates.
Key Provisions of Section 26
- Provisions for Recording Statements
- The recording of the child’s statement must be done in a manner that maintains the dignity and comfort of the child.
- Special measures may be adopted to reduce the stress or trauma experienced by the child during the process.
- Admissibility of Statements
- Statements recorded under this section are admissible as evidence in court.
- The Act emphasizes that the procedure followed should ensure that the child’s testimony is credible and free from any influence or coercion.
- Supportive Measures
- Authorities may use audio-visual aids or other child-friendly mechanisms to make the process less intimidating.
- Parents, guardians, or support persons may be allowed to accompany the child, provided it does not affect the child’s testimony.
- Consistency with Child-Friendly Procedures
- Section 26 reinforces the principle that the child’s statement should be recorded in accordance with the child-friendly procedures outlined in earlier sections.
- It ensures coordination between police, magistrates, and other authorities to prevent repeated questioning of the child.
Conclusion
Section 26 serves as an additional safeguard to ensure that the recording of a child’s statement is conducted in a manner that is sensitive, legally sound, and minimizes trauma. It underlines the importance of a child-friendly approach throughout legal proceedings under the POCSO Act, ensuring both the protection of the child’s rights and the integrity of evidence.