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Section 24: Recording of statement of a child

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

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Act 2012
Section 23 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 25
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Child Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 24

Section 24 regulates the police procedure for recording a child's statement, mandating child-friendly safeguards to prevent intimidation and psychological trauma during investigation.

  • Child's Residence Venue: The statement must be recorded at the residence of the child or at a place of the child's choice, avoiding intimidating police station environments.
  • Woman Police Officer Mandate: Requires that the statement be recorded by a woman police officer not below the rank of sub-inspector.
  • Civilian Clothing Protocol: Police officers recording the statement must not be in police uniform, ensuring a friendly and non-coercive atmosphere.
  • Prohibition on Overnight Custody: The child shall not be detained in the police station in the night for any reason whatsoever under Section 24(5).

Section 24 humanizes criminal procedure by subordinating traditional custodial investigative methods to the emotional and developmental vulnerabilities of minor victims.

Key Landmark Precedents:
  • State of Karnataka v. Shivanna (2014) 8 SCC 913: Mandated strict adherence to Section 24 protocols to prevent police intimidation and secondary victimization.
Legal Commentary:

Section 24 dismantles traditional police interrogation practices, creating a trauma-informed environment where the child can recount facts without fear of uniform intimidation.

Section 23 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 25