Code: Section 24 POCSO
(1) The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as practicable by a woman police officer not below the rank of sub-inspector.
(2) The police officer while recording the statement of the child shall not be in uniform.
(3) The police officer making the investigation, shall, while examining the child, ensure that at no point of time the child come in the contact in any way with the accused.
(4) No child shall be detained in the police station in the night for any reason.
(5) The police officer shall ensure that the identity of the child is protected from the public media, unless otherwise directed by the Special Court in the interest of the child.
Explanation of Section 24 POCSO
Section 24 of the Protection of Children from Sexual Offences Act (POCSO) sets out strict guidelines on how the statement of a child should be recorded during the investigation of sexual offenses. The section focuses on protecting the well-being, privacy, and dignity of the child throughout the investigative process.
- Subsection (1) emphasizes that the child’s statement should be taken in a location where the child feels safe and comfortable, such as their home or a place of their choosing. Additionally, the statement should be recorded by a woman police officer (if practicable), and she should be at least a sub-inspector.
- Subsection (2) ensures that the police officer recording the statement is not in uniform, further preventing intimidation or distress for the child.
- Subsection (3) stipulates that during the examination of the child, the child must not come into contact with the accused in any manner, ensuring a secure and safe environment for the child’s testimony.
- Subsection (4) mandates that no child shall be detained in the police station at night, ensuring that children are not subject to unnecessary or harmful confinement during the investigation process.
- Subsection (5) ensures that the identity of the child is protected from public media exposure unless authorized by the Special Court in the child’s best interest.
Illustration
Example 1: Recording the Statement at the Child’s Residence
A 10-year-old girl, who is a victim of sexual assault, is asked to give a statement to the police. According to Section 24(1), the statement is recorded in her home by a female police officer who is not in uniform, ensuring the child’s comfort and security.
Example 2: Protection from Contact with the Accused
During the investigation of a child sexual abuse case, the police ensure that the accused is kept separate from the child at all times. As per Section 24(3), the child is never in physical contact or close proximity with the accused while giving their statement.
Example 3: Protecting the Identity of the Child
A journalist attempts to report on a child sexual abuse case but is restricted from publishing the child’s name or photograph due to Section 24(5). The police ensure that the child’s identity remains protected from public media unless specifically permitted by the Special Court for reasons in the best interest of the child.
Common Questions and Answers on Section 24 POCSO
1. Can the statement of a child be recorded in a police station?
- Answer: No, the statement should not be recorded at the police station but rather at the child’s residence or a place of their choosing, as per Section 24(1).
2. Can a uniformed police officer record the statement of a child?
- Answer: No, a police officer recording the statement of a child must not be in uniform to ensure the child’s comfort, as stated in Section 24(2).
3. What happens if the accused is near the child while recording the statement?
- Answer: Section 24(3) clearly ensures that the child is never in contact with or in close proximity to the accused during the statement recording.
4. Can a child be kept in the police station overnight?
- Answer: No, according to Section 24(4), a child must never be detained in the police station during the night for any reason.
5. Can the identity of the child be exposed to the media?
- Answer: The child’s identity is protected from public media under Section 24(5), unless the Special Court allows disclosure for the child’s best interest.
Conclusion
Section 24 of the POCSO Act ensures the protection of children during the investigative process by setting guidelines for recording the child’s statement. These provisions safeguard the child’s dignity, privacy, and well-being, thereby creating a secure environment for them to participate in the legal process without fear or harm.
