Code: Section 26
(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.
Explanation of Section 26 POCSO
Section 26 of the Protection of Children from Sexual Offences (POCSO) Act emphasizes child-friendly procedures for recording the statement of a child victim or witness. It lays out additional safeguards to ensure the child feels safe, understood, and respected during the legal process.
Key Provisions:
- Statements must be recorded in the child’s own words.
- Presence of a trusted adult (such as a parent or caregiver) is mandatory.
- Translators or interpreters must be used when necessary.
- Special provisions exist for children with physical or mental disabilities, including the involvement of special educators or communication experts.
- Preferably, statements should be recorded via audio-video means to avoid repeated questioning and trauma.
Illustration
Example 1: Trusted Presence During Statement
A 9-year-old girl reports sexual abuse. While recording her statement, the police ensure her mother is present throughout the process, creating a safe and emotionally secure environment for the child.
Example 2: Use of a Translator
A child victim who speaks only a tribal dialect is brought in. Since the police officers do not speak the language, a qualified translator is hired to ensure the child’s statement is accurately recorded.
Example 3: Special Educator Involvement
A boy with autism is a key witness in a POCSO case. A special educator, familiar with his communication methods, helps the magistrate record the statement effectively and sensitively.
Example 4: Audio-Video Recording
To ensure authenticity and reduce the trauma of repeated interrogations, the child’s statement is recorded using a video camera. This recording is used as evidence during the trial.
Common Questions and Answers on Section 26 POCSO
1. Why must a trusted adult be present during a child’s statement?
To create a comfortable and supportive environment so the child can speak freely without fear or pressure.
2. What if the child speaks a regional dialect or language?
A qualified translator or interpreter must be arranged to assist in accurately recording the child’s statement.
3. Are there provisions for children with disabilities?
Yes. Special educators or experts in alternative communication must assist in recording statements of children with mental or physical disabilities.
4. Is video recording of the child’s statement mandatory?
It is not mandatory but is strongly encouraged wherever possible to reduce trauma and preserve accuracy.
5. Who bears the cost for translators or special educators?
The payment for translators, interpreters, and experts is covered as prescribed under the rules of the POCSO Act.
Conclusion
Section 26 of the POCSO Act is a critical legal provision ensuring that children are treated with dignity, empathy, and sensitivity during the criminal justice process. By mandating child-friendly procedures, it aims to reduce trauma and encourage truthful disclosures. This section reinforces the Act’s commitment to protecting the rights of children.
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