SUPREME COURT
N.V. Ramana, CJ, R. Bhanumathi, J, A.S. Bopanna, J
Assessment of the Criminal Justice System in Response to Sexual Offences In Re v. Nil
Suo Motu Writ Petition (Criminal)
| Table of Content |
|---|
| 1. the nirbhaya case spurred numerous amendments addressing persisting issues in sexual offense cases. (Para 1 , 2 , 3) |
| 2. registration of firs and timely investigations are mandated for rape cases. (Para 4 , 5 , 18) |
| 3. medical treatment and evidence collection protocols for victims must comply with legal standards. (Para 7 , 9 , 10) |
| 4. speedy trials with mandates for women judges are crucial in sexual offense cases. (Para 22 , 24) |
| 5. implementation of victim compensation schemes and the utilization of the nirbhaya fund are essential. (Para 26 , 28) |
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 the 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 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.
4. The criminal law is set into motion by registration of the FIR. S.154 Cr. P. C. provides about the information in cognizable cases and in effect registration of first information reports. The first proviso to the sub-section (1) of S.154 inserted by the Amendment Act of 2013 and subsequently amended by the Amendment Act of 2018, provides for registration of first information report in cases of rape and sexual offences by a woman police officer or any woman officer. It is further provided that if the victim is temporarily or permanently mentally or physically disabled, the first information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of a special educator or an interpreter and the recording of such information may be videographed. It is also provided that the police officer shall get the statement of such person recorded by a Judicial Magistrate under S.164, as soon as possible.
5. As law laid down in Lalita Kumari v. State of U.P. , ( Lalita Kumari v. State of U.P. , (2014) 2 SCC 1 : (2014) 1 SCC (Cri) 524), the police is duty - bound to register the offence based upon the information given by the victim / informant in case of cognizable offence. In addition to this, the statements of the victim under S.161 are required to be recorded by a woman police officer or any woman officer.
6. Thus, we consider it appropriate to call for status report with regard to the following:
6.1. Whether all the police stations have a woman police officer or woman officer to record the information of the victim?
6.2. 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?
6.3. Whether provisions are available for recording of first information by a woman police officer or a woman officer at the residence of the victim or any other place of choice of such person in case the victim is temporarily or perma
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