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Section 26: Additional provisions regarding statement to be recorded

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

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Act 2012
Section 25 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 27
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Child Sec 2(1)(d) Special Court Sec 28

Legal Commentary & Landmark Judgments: Section 26

Section 26 of the POCSO Act establishes mandatory child-friendly procedures for recording the statement of a child victim, requiring the statement to be taken at the child's residence or a place of choice, by a woman police officer not in uniform, with audio-video recording safeguards.

  • Venue and Child-Centric Setting: The statement of the child must be recorded at the residence of the child or at a place of the child's choice, ensuring an un-intimidating and secure psychological atmosphere.
  • Demilitarized Police Demeanour: Mandates that the police officer recording the statement must not be in uniform, must be a woman officer (under Section 24), and must never allow the accused to come into contact with the child.
  • Presence of Trusted Persons & Special Assistance: Requires the presence of the child's parents, guardian, or trusted person; mandates the assistance of a translator, interpreter, or special educator where the child has speech, hearing, or intellectual disabilities.
  • Audio-Video Electronic Documentation: Section 26(4) authorizes and recommends the recording of the statement through audio-video electronic means to preserve spontaneity and avoid repeated questioning.
Key Landmark Precedents:
  • State of Karnataka v. Shivanna (2014) 8 SCC 913: The Supreme Court issued mandatory guidelines that in all sexual offences, the statement of the victim under Section 164 CrPC (now Sec 183 BNSS) must be recorded by the Judicial Magistrate immediately without delay to minimize tutoring and harassment.
  • Miss A v. State of U.P. (2020) 10 SCC 120: The Supreme Court held that the statement recorded under Section 164 CrPC r/w Section 26 POCSO is a vital statutory record; the Magistrate must record it with sensitivity and child-friendly safeguards, ensuring the child understands questions free from external coercion.
Courtroom Practice & Strategic Litigation Guidance:

In defense cross-examination, scrutinize the timeline between the FIR and the Section 164/26 statement. Challenge unexplained delays of several days, investigate the presence of influential relatives during the recording who may have coached the child, and review the videography transcript to detect leading questions.

Section 25 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 27