ORDER

1. Pursuant to the order dated 10.2.2008, Delhi Commission for Women has filed draft guidelines to enable the authorities to effectively tackle sexual offences including incest and child sexual abuse offences. The guidelines have been prepared in consultation with all departments, police and the Judges of Delhi Higher judicial Service. A modified draft has also been placed on record keeping in view the suggestions made by the State as well as the Registry of the High Court. Having considered the modified draft and also the submissions made at the Bar, we issue the following guidelines to police, hospitals/doctors, Child Welfare Committees, Sessions Court,. Magistrate Courts, Prosecutors and other concerned authorities. The guidelines enumerated hereinafter shall be read in the context of the following definitions:

(a) "Crises Intervention Centre" means a recognized agency, appointed by the Delhi Police and the Delhi Commission for Women for responding to calls of sexual assault at the police station to provide counselling and other support services to victims of rape;

(b) "Expert" means a person who is qualified and has experience in dealing with cases of sexual violence;

(c) "Guardian" includes besides the natural guardian, support person or any person appointed by the Child Welfare Committee for a specified period to take-case of the victim during the pendency of the trial;

(d) "Rape Crises Cell" means a cell established under the Delhi Commission for Women to provide legal assistance in the cases of sexual assault who would coordinate the Crises Intervention Centres and provide legal support to the victim and her family;

(e) "Support person" means a person working in the capacity of a Counsellor working with a recognized and registered Crises Inter vention Centres, approved by the Delhi Commission for Women.

(f) The expression "offence" for the purpose of these guidelines shall means and include offences of rape, attempt to rape and unnatural offences.

(I) POLICE

(a) Every Police Station shall have available round the clock a lady police official/officer not below the rank of Head Constable.

(b) As soon as a complaint of the offence is received, the duty officer receiving the complaint/information shall call the lady police officiar/officer present at the police station and make the victim and her family comfortable.

(c) The duty officer, immediately, upon receipt of the complaint/information intimate to the "Rape Crises Cell" on its notified help line number.

(d) After making preliminary inquiry/investigation, the Investigating Officer along with the lady police official/officer available, escort the victim for medical examination.

(e) The Assistant Commission of Police shall personally supervise all investigation into the office.

(f) The statement of victim shall be recorded in private, however, the presence of family members while recording statement may be permitted with a view to make the victim comfortable. In incest cases where there is a suspicion of complicity of the family members in the crime such family members should not be permitted.

(g) The Investigating Officer shall bring the cases relating to "child in need of case and protection" and the child victim involving in incest cases to the Child Welfare Committee.

(h) The accused should not be brought in the presence of victim except for identification.

(i) Except the offences which are reported during the night no victim of sexual offence shall be called or made to stay in the police station during night hours. The Social Welfare Department of the Government of NCT of Delhi shall ensure that Superintendents of the Foster Home for Women will provide necessary shelter till formal orders are secured from the concerned authorities.

(j) The Investigating Officer shall endeavour to complete the investigation at the earliest and he shall ensure that in no case the accused gets the undue advantage of bail by default as per the provisions of Sec