POCSO Act : Practice Questions and Answers

The correct answer is option 3.

Under Section 24 of the POCSO Act, 2012, the statement of the child shall be recorded at the child's residence or a place where he usually resides or at his choice of place, and as far as practicable by a woman police officer not below the rank of Sub-Inspector. The officer shall not be in uniform while recording the statement. The investigating officer must ensure that the child does not come in contact with the accused at any point. No child shall be detained in the police station at night for any reason. The officer shall also ensure that the child's identity is protected from public media unless directed otherwise by the Special Court in the child's interest.

The POCSO Rules, 2020 mandate that the statement of the child must be recorded in a child-friendly environment. This means the process should be conducted at a place where the child feels safe and comfortable — such as a special room at the police station, a child care center, or another appropriate setting. The purpose is to reduce trauma and ensure the child can communicate freely. It is explicitly not to be recorded in the presence of the accused, and does not have to occur only at the police station or court premises. This provision ensures that the child's psychological well-being and rights are protected during the investigation and legal process.

The correct answer is option 2.

Section 25 of the POCSO Act, 2012 deals with recording of statement of a child by a Magistrate. If the statement of the child is being recorded under Section 164 of the Code of Criminal Procedure, 1973, the Magistrate recording such statement shall record it as spoken by the child. The first proviso to Section 164(1) of the CrPC, so far as it permits the presence of the advocate of the accused, shall not apply in this case. Upon filing of the final report by police under Section 173, the Magistrate shall provide to the child and his parents or representative a copy of the document specified under Section 207 of the Code.

The correct answer is option 4 (All of the above).

Section 24 of the POCSO Act, 2012 deals with the recording of statement of a child. The statement shall be recorded at the residence of the child or a place where he usually resides or at his choice of place, and as far as practicable by a woman police officer not below the rank of Sub-Inspector. The police officer shall not be in uniform while recording the statement. The investigating officer must ensure that at no point of time the child comes in contact in any way with the accused. No child shall be detained in the police station at night for any reason. The police officer shall also ensure that the child's identity is protected from public media, unless otherwise directed by the Special Court in the interest of the child.