Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN, JJ
Reference made to the Statement of Mentally or – Appellant
Versus
The Sessions Judge – Respondent
| Table of Content |
|---|
| 1. reference made regarding victim's statement (Para 1 , 2) |
| 2. clarification of statutory references (Para 3) |
| 3. investigation and statement protocols (Para 4 , 5) |
| 4. legal treatment of statements (Para 6 , 7) |
| 5. final ruling on statement's status (Para 9) |
(Order of the Court was made by P.VELMURUGAN, J.)
The Registry of this Court received a letter dated 11.11.2025 in Dis.No.883 of 2025 from the learned Sessions Judge, Special Court for Exclusive Trial of cases under the Protection of Children from Sexual Offences Act, Chennai, making a Reference under Section 395(2) of the Code of Criminal Procedure, 1973 in connection with Spl.S.C.No.144 of 2024. The Reference raises a question of law regarding the treatment of the statement of a victim child who is mentally or physically disabled. The said Reference having been placed before this Bench, the matter is taken up for consideration.
2. The question of law referred for the consideration of this Court reads as follows:
“Whether Section 167(5A)(b) or 183(6)(b) BNSS is applicable to a statement recorded by a Magistrate under Section 25 of the POCSO Act and whether it can be treated as Chief examination statement of a victim chil
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
