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POCSO ACT - 164 CrPC STATEMENT


03-Nov-2025 (In Criminal Law)
DOES THE INVESTIGATING OFFICEER (IO) NEED TO GIVE DETAILED BACKGROUND INFORMATION OF THE POCSO CASE TO THE MAGISTRATE TO RECORD THE 164 STATEMENT? OR JUST A REQUISITION LETTER WITH BASIC INFORMATION OF THE WITNESS (VICTIM) TO RECORD THE 164. PLEASE ADVISE.
Answers (4)

Answer #1
554 votes
The Investigating Officer (IO) typically provides the magistrate with a requisition letter containing basic information about the witness (victim) when recording the 164 statement under the POCSO Act. The detailed background information is generally not directly given to the magistrate; instead, the IO submits the investigation report separately. The magistrate focuses on the witness’s statement, which is a summary of what the IO records during the investigation, including personal details and allegations. In brief, the IO usually submits only a requisition letter with essential details for recording the 164 statement; detailed background data remains part of the investigation records with the IO. The magistrate’s role is to record the statement based on what the IO or other officers present during the proceedings, ensuring that it reflects the witness’s account accurately. Feel free to call me or text me
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Advocate Ashvin Khillare

Adv. Ashvin Khillare

LawRato Mumbai | 25+ Answers
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Answer #2
762 votes
The IO is not required to provide a detailed background or narrative of the case (e.g., full investigation details, evidence collected so far, or accused's involvement) in the requisition. The focus is on expedition and sensitivity, not prejudicing the Magistrate's independent recording. The Magistrate verifies the victim's identity, ensures voluntariness, and records the statement exactly as narrated by the child, without influence from the IO.
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Advocate Shubham S. Shukla

Adv. Shubham S. Shukla

LawRatoNagpur | 25+ Answers
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Answer #3
963 votes
POCSO (Protection of Children from Sexual Offences Act, 2012) is a special law in India that: Protects children (below 18 years) from sexual abuse, harassment, exploitation, etc. Ensures child-friendly procedures during investigation and trial. Keeps the victim's identity confidential. Allows statements to be recorded in a safe, non-threatening environment. What is Section 164 CrPC Statement? Section 164 of the Criminal Procedure Code (CrPC) allows a Judicial Magistrate to record:
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRatoMumbai | 200+ Answers
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Answer #4
809 votes
Yes — absolutely. Under Section 164 of the Code of Criminal Procedure (CrPC), a person giving a statement or confession before a Magistrate must provide detailed and voluntary information, because such a statement can carry strong evidentiary value later.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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