Section 25 POCSO Act 2012: Recording of Statement of a Child by Magistrate
Section 25 of the Protection of Children from Sexual Offences Act, 2012 lays down special safeguards when a child's statement is recorded by a Magistrate. The central requirement is that the statement must be recorded as spoken by the child, subject to the special procedure created by the POCSO Act.
Current procedural position: The text of Section 25 POCSO Act continues to refer to Sections 164, 207 and 173 of the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the CrPC, subject to the savings in Section 531 BNSS. For proceedings governed by the BNSS, the broadly corresponding provisions are Section 183 for recording confessions and statements, Section 230 for supply of the police report and other documents, and Section 193 for the police report on completion of investigation.
Text of Section 25 of the POCSO Act
25. Recording of statement of a child by Magistrate.
(1) If the statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 (2 of 1974) (herein referred to as the Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child:
Provided that the provisions contained in the first proviso to sub-section (1) of section 164 of the Code shall, so far it permits the presence of the advocate of the accused, shall not apply in this case.
(2) The Magistrate shall provide to the child and his parents or his representative, a copy of the document specified under section 207 of the Code, upon the final report being filed by the police under section 173 of that Code.
Meaning and Purpose of Section 25
Section 25 forms part of Chapter VI of the POCSO Act, which deals with procedures for recording the statement of a child. It creates a child-sensitive procedure that operates in addition to the general criminal procedure. Its focus is on preserving the child's own account and protecting the child during the recording process.
1. Statement must be recorded as spoken by the child
Section 25(1) requires the Magistrate to record the statement as spoken by the child. The provision uses a non-obstante formulation in relation to the general procedure referred to in the section. The purpose is to preserve the child's own words rather than substitute an adult's formulation of what the child said.
2. Advocate of the accused is not permitted under the specified proviso
The proviso to Section 25(1) excludes the operation of the part of the first proviso to Section 164(1) CrPC that permits the presence of the advocate of the accused. This is a specific statutory safeguard applicable when the child's statement is recorded under Section 25 POCSO Act.
3. Documents are to be supplied after the police final report
Section 25(2) requires the Magistrate to provide the child and the child's parents or representative a copy of the document specified under Section 207 CrPC after the police files its final report under Section 173 CrPC. For matters governed by the BNSS after its commencement, Sections 230 and 193 contain the corresponding procedural subjects concerning supply of documents and the police report on completion of investigation.
CrPC References and Corresponding BNSS Provisions
| Reference in Section 25 POCSO Act | Subject | Corresponding BNSS provision |
|---|---|---|
| Section 164 CrPC | Recording of confessions and statements by Magistrate | Section 183 BNSS |
| Section 207 CrPC | Supply of police report and other documents | Section 230 BNSS |
| Section 173 CrPC | Police report on completion of investigation | Section 193 BNSS |
Section 531 BNSS repeals the CrPC but expressly saves investigations, inquiries, trials, applications and appeals that were pending immediately before the BNSS came into force, requiring such pending matters to continue under the CrPC in accordance with the statutory savings clause. The applicable procedural provision should therefore be identified with reference to the date and procedural status of the particular case.
Related Child-Friendly Safeguards Under the POCSO Act
Section 25 should be read with the surrounding provisions of Chapter VI. Section 24 contains safeguards for recording the child's statement by police, including the place of recording, protection from contact with the accused and protection of the child's identity. Section 26 provides additional safeguards relating to the presence of a trusted person, assistance of a translator or interpreter, support for a child with a mental or physical disability, and audio-video recording wherever possible.
Key Points for Section 25 POCSO Act
- The Magistrate must record the child's statement as spoken by the child.
- The special POCSO safeguard overrides the specified general procedural rule concerning presence of the accused's advocate.
- The child and the child's parents or representative are entitled to the document contemplated by Section 25(2) after filing of the police final report.
- The statutory wording still contains CrPC section references, while current procedural law for matters governed by the new criminal procedure must also be read with the BNSS.
- Pending proceedings saved by Section 531 BNSS may continue under the CrPC, depending on the procedural status at commencement of the BNSS.
Official Legal Resources
For the authoritative statutory text and current legislative material, refer to the Protection of Children from Sexual Offences Act, 2012 on India Code and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.
Updated: 3 October 2026. This page is an informational summary of Section 25 of the POCSO Act and related procedural provisions.