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 following1:
- 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 statement2:
- 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.
- Section 24, The Protection of Children from Sexual Offences Act, 2012.
- Section 26, The Protection of Children from Sexual Offences Act, 2012.