Direction for investigating the cases of rape and gang rape

The Supreme court in State of Karnataka Vs Shivanna @ Tarkari 2014 laid down the important direction for the police officers for investigating the case of rape and gang rape. The apex court also mention that there is utmost need to amend a few provision of the Code of Criminal Procedure , 1973 so that speedy procedure for such heinous cases of rape can prevail.

The court emphasized that “ the recording of evidence of the victim and other witnesses multiple times ought to be put to an end which is the primary reason for the delay of the trial.

The Apex Court exercising powers under Article 142 of the Constitution of India issued interim directions in the form of mandamus to all police station across the country which are as follows-

1. Upon receipt of information relating to the commission of the offence of rape, the Investigating Officer shall make immediate steps to take the victim to any Metropolitan/ preferably Judicial Magistrate for the purpose of recording her statement Under Section 164 Code of Criminal Procedure and a copy of the statement should be handed  over to the Investigating Officer immediately with a specific direction that the contents of such statement should not be disclosed to any person till charge sheet/report is filed.
2. The Investigating Officers shall take the victim to the nearest Lady Judicial Magistrate as soon as possible.
3. The Investigating Officers shall record specifically the date and the time at which he learned about the commission of the offence of rape and the date and time at which he took the victim to the Metropolitan/preferably Lady Judicial Magistrate as aforesaid.
4. It there is any delay exceeding 24 hours in taking the victim to the Magistrate, the Investigating Officers should record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate.
5. Section 164A Code of Criminal Procedure imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately for medical examination. A copy of the report of such medical examination. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 Code of Criminal Procedure.

The Apex Court also directed that a copy of this order thus be circulated to all the Directors Generals of Police of all the  States/Commissioner of Police in Metropolitans cities/Commissioner of Police of Union Territories . This was done to ensure speedy enforcement of the order due to the absence of necessary amendments in the Code of Criminal Procedure so that appropriate steps can be taken for fast-track justice

Written by Adv Rohit Yadav D/8639/2019