Legal reference date: 28 October 2026

Place of recording and the officer

Section 24 of POCSO provides for recording a child's statement at the child's residence, usual residence or a place of choice. As far as practicable, a woman police officer not below sub-inspector rank should record it. The arrangement is intended to reduce fear and pressure from an unfamiliar environment. Routinely requiring every child to attend a station simply for statement recording is inconsistent with that protective approach. [1]

The statutory qualification as far as practicable also matters when explaining the officer requirement. If appropriate personnel or facilities are unavailable, communicate the child's safety and assistance needs clearly rather than abandoning the report. Families can note the officer's name, rank, location and recording date. Practical difficulties should be addressed through suitable arrangements, not treated as a general reason to refuse information or delay essential assistance.

Uniform, night-time detention and contact

The police officer must not be in uniform while recording the child's statement. Section 24 also prohibits detaining a child at a police station at night for any reason. This specific protection concerns overnight station detention; it should not be confused with a prohibition on necessary emergency care. Ask for child-friendly arrangements and avoid unnecessary station visits rather than treating routine adult interview practices as inevitable. [1]

The investigating officer must ensure that the child does not come into contact with the accused during examination. Explain continuing access at home or an institution in advance. Safety needs can extend beyond the recording appointment. Families should not organise a confrontation, a settlement recording or a session in which the child is expected to question the person complained against.

Language and communication assistance

Section 26 addresses recording what the child says, with a parent or trusted person present. A translator or interpreter may be needed. For a child with a physical or mental disability, a special educator, person familiar with the child's communication or appropriate expert may assist. Audio-video recording is also contemplated wherever possible. These arrangements should respond to the child's actual ability to communicate. [1]

A child using gestures, short sentences or a different language should not simply be dismissed as unreliable. Assistance is intended to understand and accurately record meaning, not supply answers. If the trusted adult is the person implicated, explain the situation to the officer and relevant child-protection authority. Do not mechanically insist on that person's presence where it would undermine safety or free communication.

Police and Magistrate statements differ

Section 25 provides safeguards for a statement recorded before a Magistrate. The account should accurately reflect the child's words. Older proceedings may involve section 164 CrPC, while section 183 BNSS is relevant within the newer applicable procedural framework. Dates and saving provisions must be examined before deciding which provision governs; merely replacing a section number on an old document is not enough. [1][3]

The initial police account, a Magistrate-recorded statement and trial testimony are separate stages with different legal uses. Give the advocate all available records. If a recording error is alleged, raise it promptly through the proper officer or court. Privately producing a revised document later is not a valid correction process and can create confusion about what was originally said and recorded.

Prepare the child without coaching

Explain simply who may be present, where the child will sit and how to request help. Do not rehearse a preferred narrative, provide scripted answers or arrange repeated mock questioning by relatives. Mention fear, fatigue, language difficulties or treatment needs before the appointment. A child-friendly process supports truthful communication; it does not justify teaching the child what particular answer should be given. [2]

Keep the contact details, recording date, requests for assistance and relevant orders together. Do not publish the statement or recording. Confidentiality matters even in private group messaging. Appropriate procedure protects the child, the reliability of the record and the fairness of the proceedings. Repeated informal recordings cannot replace the legally prescribed process. Ask in advance whether language support or another accommodation has actually been arranged.

Sources

1. Protection of Children from Sexual Offences Act, 2012, amended text — NCPCR / Government of India. Definitions, offences, reporting, safeguards, Special Courts and presumptions; 2019 amendments included.
2. POCSO Rules, 2020 — Gazette notification G.S.R. 165(E) — Ministry of Women and Child Development / NCPCR. Rules 3, 4, 6, 7 and 9: institutions, care, support, medical aid, legal aid and compensation.
3. Bharatiya Nagarik Suraksha Sanhita, 2023 — India Code / Government of India. Sections 173, 183, 184, 482, 483, 528 and 531; applicable procedure and savings require case-specific assessment.

This is general legal information. Assess the records, applicable law and current judicial decisions for a particular case.