Section 25 POCSO: Recording of statement of a child by Magistrate

Protection of Children from Sexual Offences Act, 2012

Section 25 POCSO at a Glance

Section 25 POCSO requires a Magistrate recording a child's statement to record it as spoken by the child, without the accused's advocate present. Once the police file the final report, the Magistrate gives the child and parents or representative a copy of the document under section 207 of the Code of Criminal Procedure, 1973.

Section 25 POCSO Bare Act Text

25. Recording of statement of a child by Magistrate.
(1) If the statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 (2 of 1974) (herein referred to as the Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child:
Provided that the provisions contained in the first proviso to sub-section (1) of section 164 of the Code shall, so far it permits the presence of the advocate of the accused shall not apply in this case.
(2) The Magistrate shall provide to the child and his parents or his representative, a copy of the document specified under section 207 of the Code, upon the final report being filed by the police under section 173 of that Code.

Section 25 POCSO in Simple Words

Section 25 POCSO sets the rules for a Magistrate who records the statement of a child and what the Magistrate gives the child once the police file the final report. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.

Under Section 25(1) POCSO, when a Magistrate records a child's statement under Section 164 of the Code of Criminal Procedure, 1973, the Magistrate must record the statement as spoken by the child, overriding anything to the contrary in Section 164 of the Code of Criminal Procedure, 1973. Under the proviso to Section 25(1) POCSO, the provision in the first proviso to Section 164(1) of the Code of Criminal Procedure, 1973 that permits the presence of the advocate of the accused does not apply. As a result, the advocate of the accused cannot be present when the Magistrate records the child's statement.

Under Section 25(2) POCSO, once the police file the final report under Section 173 of the Code of Criminal Procedure, 1973, the Magistrate must provide a copy of the document specified under Section 207 of the Code of Criminal Procedure, 1973 to the child and the child's parents or representative.

When Section 25 POCSO Applies

When recording a child's statement under Section 164 of the Code of Criminal Procedure, 1973, the Magistrate must record the statement as spoken by the child (Section 25(1) POCSO).
The advocate of the accused is barred from being present when the Magistrate records the child's statement (proviso to Section 25(1) POCSO).
Upon the police filing the final report under Section 173 of the Code of Criminal Procedure, 1973, the Magistrate must provide a copy of the document specified under Section 207 of that Code to the child and the child's parents or representative (Section 25(2) POCSO).

Example of Section 25 POCSO

In Kochi, the police bring a 12-year-old child before a Magistrate, Seema, to have the child's statement recorded under Section 164 of the Code of Criminal Procedure, 1973. The advocate representing the accused, Faisal, asks to be present in the room while the child's statement is taken. Applying the proviso to Section 25(1) POCSO, Magistrate Seema excludes Faisal's advocate and records the statement as spoken by the child. Later, when the police file the final report under Section 173 of the Code of Criminal Procedure, 1973, Magistrate Seema provides a copy of the document specified under Section 207 of that Code to the child and the child's parents under Section 25(2) POCSO.

FAQs on Section 25 POCSO

What is Section 25 POCSO?▼

Section 25 POCSO governs how a Magistrate records a child's statement and what the Magistrate gives the child after the final report. It requires the Magistrate to record the statement as spoken by the child without the accused's advocate present, and to give the child and the child's parents or representative a copy of the document specified under Section 207 of the Code of Criminal Procedure, 1973 upon the filing of the final police report.

Can the advocate of the accused be present when the Magistrate records the child's statement?▼

No. Under the proviso to Section 25(1) POCSO, the provision in the first proviso to Section 164(1) of the Code of Criminal Procedure, 1973 permitting the presence of the advocate of the accused does not apply in the case of a child.

How must the Magistrate record the child's statement under Section 25(1) POCSO?▼

As spoken by the child. Section 25(1) POCSO states that the Magistrate must record the statement as spoken by the child notwithstanding anything contained in Section 164 of the Code of Criminal Procedure, 1973.

Are the child and the child's parents entitled to case documents after the police file the final report?▼

Yes. Under Section 25(2) POCSO, upon the police filing the final report under Section 173 of the Code of Criminal Procedure, 1973, the Magistrate must provide a copy of the document specified under Section 207 of that Code to the child and the child's parents or representative.

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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) ·