According to Section 25 of the Protection of Children from Sexual Offences Act, 2012, statement of a…
POCSO section 25(1) requires the Magistrate to record the statement as spoken by the child. Its proviso excludes the part of CrPC section 164(1)’s first proviso permitting…
Choose your answer
According to Section 25 of the Protection of Children from Sexual Offences Act, 2012, statement of a child under Section 164 of the Code of Criminal Procedure, 1973 (now Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to be recorded by the Magistrate
Answer and explanation
Correct answer B
POCSO section 25(1) requires the Magistrate to record the statement as spoken by the child. Its proviso excludes the part of CrPC section 164(1)’s first proviso permitting the accused’s advocate to be present. The child’s statement is therefore not recorded in that advocate’s presence; neither an investigating officer nor a woman police officer is made a necessary attendee by section 25.
Current law: For proceedings governed by the BNSS from 1 July 2024, section 183 is the corresponding general provision for Magistrates’ recording of confessions and statements. POCSO’s special section 25 safeguard remains relevant; CrPC continues for proceedings saved by BNSS section 531.
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Rajasthan Judicial Services