Document Fragment View
Fragment Information
Showing contexts for: child statement in Rabin Burman vs State Of Sikkim on 28 August, 2017Matching Fragments
section (2) shall be liable to be punished with imprisonment of either description for a period which shall not be less than six months but which may extend to one year or with fine or with both.
37. Section 24 of POCSO Act, 2012 provides:-
"24. Recording of statement of a child: (1) The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as practicable by a woman police officer not below the rank of sub-inspector.
50. Whereas the recording of a statement of child by the Magistrate under Section 25 of the POCSO Act, 2012 read with the additional provisions as provided in Section 26 of the POCSO Act, 2012 provides adequate protection for the child. The mandate of Section 33 (7) of the POCSO Act, 2012 cannot be lost sight of. Complete protection of identity of the child, which is paramount, must be ensured while recording such statement by the Magistrate even under the provision of Section 164 Cr.P.C. or Section 164 A Cr.P.C. If identity of the child is disclosed while recording the statement of the child before a Magistrate in terms of Section 25 and 26 of the POCSO Act, 2012 the interest of the child and the Rabin Burman v. State of Sikkim protection of the child‟s identity is compromised it will run counter to the scheme of the POCSO Act, 2012.
5. While recording the statement of a child as provided under Section 24 of the POCSO Act, 2012 the Police Officer shall ensure that the identity of a child is protected from the public media, unless otherwise directed by the Special Court in the interest of a child.
6. While recording such statement of a child under Section 24 of the POCSO Act, 2012 the Police Officer shall ensure that the identity of a child is not disclosed and for the said purpose may use pseudonyms or any other appropriate way in accordance with law to protect the identity of a child.
11. To ensure that the identity of the child is not disclosed during the course of investigation or trial, the local Police or the Special Juvenile Police Unit recording the report under section 19, the Police Officer recording the statement of the child under Section 24, the Investigating Officers investigating the offences under the POCSO Act, 2012, the Magistrates recording the statement of the child under Section 25, the Special Court conducting the trial of the offences under the POCSO Act, 2012 shall keep in mind the provisions of Section 40 of the POCSO Act, 2012 which provides: