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2019 Supreme(SC) 1394

S. A. BOBDE, B. R. GAVAI, SURYA KANT
In Re : Assessment of The Criminal Justice System In Response To Sexual Offences – Appellant
Versus
. – Respondent


Advocates Appeared:
For the Petitioner(s): By Courts Motion

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. Police are mandated to register an offence of sexual violence, such as rape, based on information provided by the victim or informant in cases of cognizable offences (!) .

  2. The statement of the victim under Section 161 of the Criminal Procedure Code must be recorded by a woman police officer or any woman officer, emphasizing sensitivity and protection of the victim’s dignity (!) .

  3. It is essential for the medical treatment and examination of the victim to be conducted promptly, as it provides crucial evidence for investigation and trial. The manner of medical reporting, including forensic sampling such as DNA testing, must follow scientific and procedural standards, with no relevance given to previous sexual experience of the victim (!) (!) (!) .

  4. The investigation process, especially in cases of rape, should be swift, ideally completed within two months from the recording of the offence, with adequate numbers of trained women police officers available for investigation (!) (!) (!) .

  5. Recording victim statements should be done as soon as possible after the offence, utilizing videography and other modern methods to ensure accuracy and protect the victim’s privacy (!) (!) .

  6. Trials for sexual offences should be conducted expeditiously, preferably by a woman judge, and in-camera, with a structured case-calendar to ensure timely proceedings within two months of charge-sheet filing (!) (!) (!) (!) (!) (!) .

  7. Adequate infrastructure, including specialized courts and trained personnel, should be in place to handle cases of sexual violence efficiently, with particular attention to witness protection and victim safety (!) (!) (!) .

  8. The legal framework provides for the protection of witnesses and victims through measures such as victim/witness protection policies, police protection, and facilities like waiting rooms in courts, to prevent tampering or intimidation (!) (!) (!) .

  9. Compensation schemes are in place to support victims, with the legal authorities responsible for recommending and ensuring timely disbursement of interim or final compensation, as well as rehabilitation and counseling services (!) (!) (!) (!) (!) (!) (!) .

  10. The utilization of dedicated funds, such as the Nirbhaya Fund, for projects aimed at women’s safety and victim support should be monitored and evaluated for effectiveness (!) (!) .

  11. The overall system emphasizes the importance of a sensitive, prompt, and scientifically supported approach to handling sexual offence cases, ensuring the dignity, safety, and rights of victims are protected throughout the process (!) (!) (!) (!) .

Please let me know if you need further elaboration or specific guidance on any of these points.


ORDER :

1. Post Nirbhaya incident, which shocked the conscience of the nation, many amendments were introduced in criminal law redefining the ambit of offences, providing for effective and speedy investigation and trial. Still, the statistics would reveal that desired results could not be achieved. As per the latest report of National Crime Records Bureau of Crime in India in the year 2017, total 32,559 cases of rape were registered in India.

2. 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.

3. We are, therefore, of the view that 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 dutyholders like investigation agencies, prosecution, medico-forensic agencies, rehabilitation, legal aid agencies and


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