"Justice To 'Rape'Victims: SC Takes Suo Motu Case To Assess The Working Of System In Sexual Offences [Read Order]

Being concerned over the growing anger and agitation by the public over delay in justice in the cases of rape and sexual offences and to ensure speedy justices to the victims, the Supreme Court on Wednesday registered a suo motu petition and sought status report from Centre through Home Secretary, all states and Union Territories (UT) through Chief Secretaries and DGPs with regard to investigations into rape cases, medical examination of the victim and also speedy trial of such cases .A bench comprising Chief Justice S A Bobde, Justice B R Gavai and Justice Surya Kant said post Nirbhaya incident (December 12) brought many amendments into the criminal law, still, the statistics revealed that desired results could not be achieved. "It is necessary to take stock of the implementation of provisions of criminal law, including the said amendments, relating to rape cases and other sexual offences. It is necessary to call for information with regard to status of affairs at ground level from various duty holders like investigation agencies, prosecution, medico-forensic agencies, rehabilitation, legal aid agencies and also Courts to get a holistic view to make criminal justice system responsive in the cases of this nature."The delay in such matters has, in recent times, created agitation, anxiety and unrest in the minds of the people. The Nirbhaya case is not an isolated case where it has taken so long to reach finality. In fact, it is said that it has been one of the cases where agencies have acted swiftly taking into account the public outrage. The bench referred to the National Crime Records Bureau's 2017 statistics, according to which- a total of 32,559 cases of rape were registered in India.The court appointed Senior Advocate Sidharth Luthra as Amicus Curiea to assist the court. The matter is posted for February 7."As per the mandate under Section 173 (1A) Cr.P.C. , the investigation in relation to an offence under Section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376Db or 376 E of the Indian Penal Code (45 of 1860) shall be completed within two months from the date on which the information was recorded by the police officer in charge of the Police Station," as per the order. Supreme Court has asked the status report with regard to the following:-(1) whether police is completing the investigation and submitting the final report within a period of two months from the date of recording of information of the offence and if no, reasons for delay? (2) whether sufficient number of women police officers are available to conduct investigation into the offences relating to rape and other sexual offences?The bench also sought the implementation of guidelines laid down in the Lalita Kumari v. Government of U.P., (2014). The police is dutybound to register the offence based upon the information given by the victim/informant in case of cognizable offence.Recording of 161 StatementThe bench sought status report over recording of victim's statement under Section 161 by a woman police officer or any woman officer.Thus, we consider it appropriate to call for status report with regard to the following: (1) whether all the Police Stations have a woman police officer or woman officer to record the information of the victim? (2) In case, an information relating to offence of rape received at a Police Station, reveals that the place of commission of the offence is beyond its territorial jurisdiction, whether in such cases FIR without crime number are being recorded? (3) whether provisions are available for recording of first information by a woman police officer or a 4 woman officer at the residence of the victim or any other place of choice of such person in case the victim is temporarily or permanently mentally or physically disabled?(4) whether all the District Police Units have the details of special educator or an interpreter in case of a mentally or physically disabled victim?(5) whether the police department of states or union territories have issued any circulars to make provision of videography of the recording of statements and depository of the same?(6) whether any state has published guidelines in the shape of Standard Operating Procedure (SOP) to be followed for responding after receipt of the information relating to case of rape and similar offences?The status report also sought regarding recording of victim's statement: (1) whether the police is taking the victim for recording of the statements as soon as the commission of the offence is brought to the notice of police?(2) whether the Magistrate Courts or the trial courts have the availability of the interpreter or special educator in each Districts?(3) whether the Magistrate Courts or the trial Courts have the facility of videography of the statements and depository of the same in the Courts?In addition, the court recorded to the Ministry of Health and Family Welfare, Government of India's "Guidelines & Protocols: Medicolegal care for survivors/victims of...

"Justice To 'Rape'Victims: SC Takes Suo Motu Case To Assess The Working Of System In Sexual Offences [Read Order]

Prabhati Nayak Mishra

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