Recording a Child’s Statement on Sexual Abuse

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

While recording a child’s statement on the abuse, the police should do the following((  Section 24, The Protection of Children from Sexual Offences Act, 2012.)):

• The child’s statement should preferably be recorded by a woman police officer not in uniform.
• It should be recorded at the child’s home or any place they feel comfortable.
• It should be recorded in the language spoken by the child.
• It should be recorded in the presence of a trusted adult and/or an expert, interpreter, translator, or social worker.
• The child’s medical examination should be done within 24 hours in the presence of the parents or a trusted adult.
• Frequent breaks should be taken while the child is narrating the incident. The child shouldn’t be rushed while recording the statement.
• The police should use audio or video recording devices, if available.
• The police officer should read out the recorded statement to the child.
• The child/parent should get a copy of the statement.

The Magistrate must do the following while recording a child’s statement((  Section 26, The Protection of Children from Sexual Offences Act, 2012.)):

• The child’s statement must be recorded in the presence of the parents or any other person whom the child trusts.
• The Magistrate can take the help of a translator or an interpreter while recording the child’s statement.
• If the child has a mental or physical disability, the Magistrate can take the assistance of a special educator or any other expert.
• The Magistrate can ensure that the statement of the child is recorded on camera.