Child Statement in the court

There are three stages in the case at criminal trail level:

At the time of 161 Cr. P. C. when police take the statement of the child. Though there is no evidentiary value of this statement in the court, police has to produce the child in front of Metropolitan Magistrate.
164 Cr. P. C. statement in front of Magistrate- where the statement has to be recorded in front of Metropolitan Magistrate.
Then there is a stage of cross-examination at Session-Court level. Now depending upon the case and after filing charge sheet (some cases it is 60 days or 90 days) the child, as a witness has to be called again in the Court of Session. Calling the child in the session-court might take some time, i.e. more than sixty or ninety days.
So during this period lot of things can happen.

The loophole is also in between the time period of taking 164 Cr. P. C. statement and cross-examination of the child. Can we minimise it. I think Delhi High court has given judgement on this. I do not have it right now, the moment I will get I will share with the group. In case, if any body has in the group, please share.

The next is role of Child Welfare Committee:

They would have asked other CWC if, the children are from other district or state, to monitor the child by the welfare officer and submit periodic report.
They would have asked NGO from that district or state to monitor the child and submit periodic report.
In absence of all, they would have asked the juvenile police officer of the district from where the child belongs, to monitor the child in the child friendly manner and submit periodic report till the time of cross-examination.

Special Juvenile Police Unit could have taken all the papers in their hands and follow the case.

Prepared by Vipin Bhatt