law: The Criminal Law (Amendment) Act, 2013 No, 13 of 2013
  16. Amendment of section 164.
  In section 164 of the Code of Criminal
  
  Procedure, after sub-section (5), the following sub-section shall be inserted,
  
  namely:—
  "(5A) (a) In cases punishable under
  
  section 354, section 354A, section 3548, section 354C, section 3540,
  
  sub-section (I) or sub-section (2) of section 376, section 376 A, section 3768,
  
  section 376C, section 3 760, section 3 76E or section 509 of the 45 of 1860.
  
  Indian Penal Code, the Judicial Magistrate shall record the statement of the
  
  person against whom such offence has been Committed in the manner prescribed in
  
  sub-section (5), as soon as the commission of the offence is brought to the
  
  notice of the police:
  Provided that if the person making the
  
  statement is temporarily or permanently mentally or physically disabled, the
  
  Magistrate shall take the assistance of an interpreter or a special educator in
  
  recording the statement:
  Provided further that if the person making
  
  the statement is temporarily or permanently mentally or physically disabled,
  
  the statement made by the person, with the assistance of an interpreter or a
  
  special educator, shall be video graphed.
  (6) A statement recorded under clause (a)
  
  of a person, who is temporarily or permanently mentally or physically disabled,
  
  shall be considered a statement in lieu of examination-in-chief, as specified
  
  in section 137 of the Indian Evidence Act, 1872 such that the maker of the
  
  statement can be cross-examined on such statement, without the need for
  
  recording the same at the time of trial.".