Section 24 POCSO: Recording of statement of a child

Protection of Children from Sexual Offences Act, 2012

Section 24 POCSO at a Glance

Section 24 POCSO sets rules for police recording a child's statement at the child's residence or chosen place, without wearing a uniform. It also forbids detaining a child in a police station at night or allowing contact with the accused.

Section 24 POCSO Bare Act Text

24. Recording of statement of a child.
(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.

Section 24 POCSO in Simple Words

Section 24 POCSO lays down the procedure that the police must follow when recording the statement of a child. Under Section 24(1) POCSO, the statement of the child must be recorded at the child's residence, at the place where the child normally lives, or at a place of the child's choice. As far as practicable, the statement must be recorded by a woman police officer not below the rank of sub-inspector. Under Section 24(2) POCSO, the police officer must not be in uniform while recording the child's statement.

Section 24(3) and Section 24(4) POCSO protect the child during the investigation. Under Section 24(3) POCSO, the police officer making the investigation must ensure while examining the child that at no point of time does the child come into contact in any way with the accused. Under Section 24(4) POCSO, no child may be detained in the police station in the night for any reason.

Under Section 24(5) POCSO, the police officer must ensure that the identity of the child is protected from the public media. Disclosure is allowed only if the Special Court directs otherwise in the interest of the child.

When Section 24 POCSO Applies

Record the child's statement at the child's residence, the place where the child normally lives, or a place of the child's choice (Section 24(1) POCSO).
Have a woman police officer not below the rank of sub-inspector record the statement, as far as practicable (Section 24(1) POCSO).
Ensure the police officer is not in uniform while recording the child's statement (Section 24(2) POCSO).
Ensure that at no point of time does the child come into contact in any way with the accused during examination (Section 24(3) POCSO).
Do not detain any child in the police station in the night for any reason (Section 24(4) POCSO).
Protect the child's identity from the public media unless the Special Court directs otherwise in the interest of the child (Section 24(5) POCSO).

Example of Section 24 POCSO

In Bhopal, the parents of a 10-year-old child report an offence of sexual assault under Section 7 POCSO to the local police under Section 19(1) POCSO. Following Section 24(1) and Section 24(2) POCSO, Sub-Inspector Gurpreet visits the child's home in civilian clothes to record the child's statement. During the examination, Gurpreet ensures under Section 24(3) POCSO that the accused is kept away so the child never comes into contact with the accused. Gurpreet also withholds all identifying details of the child from reporters in compliance with Section 24(5) POCSO.

When Section 24 POCSO Does Not Apply

Under Section 24(1) POCSO, the requirement that a woman police officer not below the rank of sub-inspector record the statement applies 'as far as practicable', so it does not apply where having such an officer record the statement is not practicable.
Under Section 24(5) POCSO, the bar on disclosing the child's identity to the public media does not apply when the Special Court directs otherwise in the interest of the child.

FAQs on Section 24 POCSO

What is Section 24 POCSO?▼

Section 24 POCSO lays down the procedure for the police when recording the statement of a child. It requires the statement to be recorded at the child's residence or chosen place by an officer not in uniform (and as far as practicable by a woman officer not below sub-inspector rank), while barring night detention at a police station, contact with the accused, and exposure to public media.

Does the child have to go to the police station to give a statement under Section 24 POCSO?▼

No. Section 24(1) POCSO requires the statement of the child to be recorded at the child's residence, at the place where the child normally lives, or at a place of the child's choice.

Who records the child's statement under Section 24(1) POCSO, and can the officer wear a uniform?▼

A woman police officer not below the rank of sub-inspector must record the child's statement, as far as practicable. Under Section 24(2) POCSO, the police officer recording the statement must not be in uniform.

Can the police keep a child in the police station at night during an investigation?▼

No. Section 24(4) POCSO states that no child may be detained in the police station in the night for any reason.

Can the police disclose the child's identity to the media under Section 24(5) POCSO?▼

No, unless the Special Court directs otherwise in the interest of the child. Under Section 24(5) POCSO, the police officer must ensure that the child's identity is protected from the public media.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·