Section 25 of The Protection of Children from Sexual Offences Act, 2012
- (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.
Summary
- When a child's statement is recorded under Section 164 of the Code of Criminal Procedure, 1973, the Magistrate must record the statement exactly as spoken by the child.
- The legal rule from the Code of Criminal Procedure, 1973, that allows the defense lawyer of the accused person to be present during statement recording, does not apply when recording a child's statement under this Act.
- After the police complete their investigation and file their final report under Section 173 of the Code, the Magistrate must provide copies of the documents specified under Section 207 of the Code to the child and their parents or legal representative.
Practical examples
FAQ
1. When do the child and their parents get copies of the police documents and the final report?
The Magistrate must provide these copies to the child and their parents or representative once the police file their final report under Section 173 of the Code.
Test yourself
Q1.Under Section 25 of The Protection of Children from Sexual Offences Act, 2012, how must a Magistrate record a child's statement under Section 164 of the Code of Criminal Procedure, 1973?
Q2.Under Section 25 of The Protection of Children from Sexual Offences Act, 2012, which of the following is excluded from being present when the Magistrate records the child's statement?
Q3.Under Section 25 of The Protection of Children from Sexual Offences Act, 2012, when must the Magistrate provide a copy of the documents specified under Section 207 of the Code of Criminal Procedure, 1973, to the child and their parents?
Q4.Under Section 25 of The Protection of Children from Sexual Offences Act, 2012, who is entitled to receive a copy of the documents under Section 207 of the Code of Criminal Procedure, 1973, once the final police report is filed?