Section 26 POCSO: Additional provisions regarding statement to be recorded
Protection of Children from Sexual Offences Act, 2012
Section 26 POCSO at a Glance
Section 26 POCSO sets extra rules for how a Magistrate or a police officer records the statement of a child. It requires the presence of the child's parents or a trusted person, allows translators, interpreters, or disability experts, and requires audio-video recording wherever possible.
Section 26 POCSO Bare Act Text
26. Additional provisions regarding statement to be recorded.
(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.
Section 26 POCSO in Simple Words
Section 26 POCSO sets additional safeguards that a Magistrate or a police officer must follow when recording the statement of a child. Under Section 26(1) POCSO, the Magistrate or the police officer must 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.
Under Section 26(2) POCSO, wherever necessary, the Magistrate or the police officer may take the assistance of a translator or an interpreter while recording the statement of the child. The translator or interpreter must have the prescribed qualifications and experience and is paid the prescribed fees.
Under Section 26(3) POCSO, in the case of a child having a mental or physical disability, the Magistrate or the police officer may seek the assistance of a special educator, any person familiar with the manner of communication of the child, or an expert in that field to record the statement of the child. That person must also have the prescribed qualifications and experience and is paid the prescribed fees.
Under Section 26(4) POCSO, wherever possible, the Magistrate or the police officer must ensure that the statement of the child is also recorded by audio-video electronic means.
When Section 26 POCSO Applies
- Recording as spoken in a trusted presence: The Magistrate or the police officer must 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 (Section 26(1) POCSO).
- Translator or interpreter when necessary: Wherever necessary, the Magistrate or the police officer may take the assistance of a translator or an interpreter having the prescribed qualifications and experience, on payment of the prescribed fees (Section 26(2) POCSO).
- Assistance for a child with a disability: In the case of a child having a mental or physical disability, the Magistrate or the police officer may seek the assistance of a special educator, a person familiar with the manner of communication of the child, or an expert in that field, having the prescribed qualifications and experience and on payment of the prescribed fees (Section 26(3) POCSO).
- Audio-video recording wherever possible: Wherever possible, the Magistrate or the police officer must ensure that the statement of the child is also recorded by audio-video electronic means (Section 26(4) POCSO).
Example of Section 26 POCSO
FAQs on Section 26 POCSO
What is Section 26 POCSO?▼
Section 26 POCSO sets additional safeguards that a Magistrate or a police officer must follow when recording the statement of a child. It covers who must be present with the child, when translators, interpreters, or disability experts may assist, and audio-video recording of the statement.
Who must be present when a child's statement is recorded under Section 26 POCSO?▼
The parents of the child or any other person in whom the child has trust or confidence must be present. Under Section 26(1) POCSO, the Magistrate or the police officer must record the statement as spoken by the child in that person's presence.
Can a translator or an interpreter help record a child's statement under Section 26 POCSO?▼
Yes. Under Section 26(2) POCSO, wherever necessary, the Magistrate or the police officer may take the assistance of a translator or an interpreter who has the prescribed qualifications and experience and is paid the prescribed fees.
How is the statement recorded under Section 26 POCSO if the child has a mental or physical disability?▼
A special educator, a person familiar with the manner of communication of the child, or an expert in that field may assist. Under Section 26(3) POCSO, the Magistrate or the police officer may seek that person's assistance, provided the person has the prescribed qualifications and experience, on payment of the prescribed fees.
Is audio-video recording of the child's statement required under Section 26 POCSO?▼
Yes, wherever possible. Under Section 26(4) POCSO, the Magistrate or the police officer must ensure that the statement of the child is also recorded by audio-video electronic means wherever possible.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·