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4. For expediency, let us set down the relevant provisions of the POCSO Act thus :

"Chapter VI PROCEDURES FOR RECORDING STATEMENT OF THE CHILD
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.
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 (herein referred to as the Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child:
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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.

7. A close scrutiny of the legislation would show that the law does not anywhere envisage recording of a statement of child victim by a counsellor or a report of any kind from a counsellor about his/her interactions with the child.

8. We find that Section 25 of the legislation has carefully set down the manner in which the statement of a child victim being recorded under Section 164 of the Code of Criminal Procedure, 1973 would be recorded by the Magistrate. Section 25 excludes the requirement under the first proviso or sub-section (1) of Section 164 of the Code so far as it permits the presence of the advocates of the accused. This exclusion in fact emphasizes the importance attached by the legislature to oust any kind of third party intervention in police investigations involving children.

(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."

10. It is noteworthy that Section 26(1) stipulates that a child's statement would be recorded only by the police officer or the Magistrate in the presence of their "parents or any other person" in whom the child has trust and confidence. This clearly underlines that the legislation does not contemplate recording of a statement by any person other than the authorities specified strictly in the statute.