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Section 25: Recording of statement of a child by Magistrate

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2012
Section 24 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 26
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Child Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 25

Section 25 mandates that the Judicial Magistrate record the statement of a child victim under Section 164 CrPC / Section 183 BNSS promptly and with statutory protections.

  • Prompt Judicial Recording: The police must produce the child before the Magistrate to record their statement as soon as the offence is reported.
  • Presence of Support Persons: The statement must be recorded in the presence of the child's parents, guardian, or a person in whom the child reposes trust.
  • Assistance of Child Experts: Where the child has a physical or mental disability, the Magistrate must take the assistance of a special educator or interpreter.
  • Audio-Video Electronic Record: Mandates the use of audio-video electronic recording where feasible to preserve primary demeanor evidence for trial.

Section 25 ensures that the minor's testimony is judicially recorded early without cross-examination duress, serving as an immutable evidentiary benchmark for trial.

Key Landmark Precedents:
  • State of Karnataka v. Shivanna (2014) 8 SCC 913: Mandated that the Magistrate must record the child's statement expeditiously without confronting the child with the accused.
Legal Commentary:

Section 25 provides early, unassailable judicial documentation of the child's statement, preserving vital evidence before memory fades or family pressures intervene.

Section 24 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 26