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According to Section 25 of the Protection of Children from Sexual Offences Act, 2012, statement of a child under Section 164 of the Code of Criminal Procedure to be recorded by the Magistrate:
Correct Answer: B — Shall not be recorded in presence of the advocate of the accused
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.