Section 26 POCSO Act 2012: Additional Provisions for Recording a Child's Statement
Section 26 of the Protection of Children from Sexual Offences Act, 2012 provides additional child-friendly safeguards when a child's statement is recorded by a Magistrate or police officer. It requires the child's own words to be preserved and provides for the presence of a trusted person, communication assistance where necessary, and audio-video recording wherever possible.
Text of Section 26 of the POCSO Act
26. Additional provisions regarding statement to be recorded.
(1) The Magistrate or the police officer, as the case may be, shall record the statement as spoken by the child in the presence of the parents of the child or any other person in whom the child has trust or confidence.
(2) Wherever necessary, the Magistrate or the police officer, as the case may be, may take the assistance of a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, while recording the statement of the child.
(3) The Magistrate or the police officer, as the case may be, may, in the case of a child having a mental or physical disability, seek the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed, to record the statement of the child.
(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the statement of the child is also recorded by audio-video electronic means.
Meaning and Purpose of Section 26
Section 26 is part of Chapter VI of the POCSO Act, which establishes special procedures for recording the statement of a child. These safeguards recognize that children may require a familiar environment, communication support and assistance suited to their age, disability or individual needs. The provision applies to the Magistrate or police officer, as the case may be, while recording the child's statement.
1. Statement must be recorded as spoken by the child
Section 26(1) expressly requires the statement to be recorded as spoken by the child. The requirement helps preserve the child's own account instead of replacing it with an adult's interpretation or formulation.
2. Presence of a parent or trusted person
The child's statement must be recorded in the presence of the child's parents or another person in whom the child has trust or confidence. This is a statutory child-friendly safeguard intended to provide familiarity and support during the recording process.
3. Translator or interpreter where necessary
Under Section 26(2), the Magistrate or police officer may obtain the assistance of a translator or interpreter wherever necessary. Rule 5 of the Protection of Children from Sexual Offences Rules, 2020 contains provisions concerning interpreters, translators, special educators, experts and support persons, including qualifications, registers maintained at district level and payment for their services.
4. Assistance for a child with mental or physical disability
Section 26(3) permits assistance from a special educator, a person familiar with the manner of communication of the child, or an expert in the relevant field where the child has a mental or physical disability. The POCSO Rules, 2020 further define relevant terms and prescribe requirements concerning persons engaged to assist children.
5. Audio-video electronic recording
Section 26(4) requires the Magistrate or police officer, wherever possible, to ensure that the child's statement is also recorded by audio-video electronic means. This requirement supplements the written recording of the child's statement and forms part of the special child-sensitive procedure under the Act.
Relevant Definitions Under the POCSO Rules, 2020
| Term | Meaning under the POCSO Rules, 2020 |
|---|---|
| Expert | A person trained in mental health, medicine, child development or another relevant discipline who may facilitate communication with a child whose ability to communicate is affected by trauma, disability or another vulnerability. |
| Special educator | A person trained in communicating with children with disabilities in a manner addressing the child's individual abilities and needs, including learning, communication, emotional, behavioural, physical or developmental issues. |
| Person familiar with the manner of communication of the child | A parent, family member, member of the child's shared household or another person in whom the child has trust and confidence, who is familiar with the child's unique manner of communication and whose presence may assist effective communication. |
| Support person | A person assigned by the Child Welfare Committee under the Rules to assist the child through investigation and trial, or another person assisting the child in the pre-trial or trial process relating to an offence under the Act. |
Rule 5 of the POCSO Rules, 2020
Rule 5 supplements the statutory safeguards concerning interpreters, translators, special educators, experts and support persons. Among other matters, it requires the District Child Protection Unit to maintain a register of such persons and make it available to the Special Juvenile Police Unit, local police, Magistrate or Special Court when required.
The Rules provide that interpreters and translators should have functional familiarity with the language spoken by the child and the official language of the State. Sign-language interpreters, special educators and experts included in the district register are required to have relevant qualifications in sign language, special education or the relevant discipline from a recognized university or an institution recognized by the Rehabilitation Council of India, as applicable.
Practical effect: Section 26 should be read together with Sections 24 and 25 of the POCSO Act and the POCSO Rules, 2020. Together, these provisions seek to ensure that the child's account is recorded accurately, with appropriate emotional and communication support and with safeguards suited to the child's circumstances.
Related Provisions of the POCSO Act
Section 24 provides the procedure for recording a child's statement by police, including safeguards concerning the place of recording and protection of the child. Section 25 deals specifically with recording the child's statement by a Magistrate. Section 26 adds further safeguards applicable to the recording process.
Key Points of Section 26 POCSO Act
- The child's statement must be recorded as spoken by the child.
- A parent or another person in whom the child has trust or confidence must be present while the statement is recorded under Section 26(1).
- A translator or interpreter may be used wherever necessary.
- A child with a mental or physical disability may receive assistance from a special educator, a person familiar with the child's manner of communication or an expert.
- The statement should also be recorded by audio-video electronic means wherever possible.
- The POCSO Rules, 2020 contain detailed provisions concerning interpreters, translators, special educators, experts and support persons.
Official Legal Resources
For the authoritative Act and Rules, refer to the National Commission for Protection of Child Rights POCSO resources and the India Code portal.
Updated: 3 October 2026. This page provides general legal information on Section 26 of the POCSO Act and related statutory safeguards.