MHA issues advisory to states for mandatory police action in cases of rape, sexual assault


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The Union Home Ministry has issued an advisory for states to guarantee mandatory action by police in cases of crimes in opposition to girls. It stated that the federal government has taken steps to strengthen legislative provisions to take care of incidents of sexual offences in opposition to girls and women. 

Following actions to be taken by police in crimes in opposition to girls:

(As talked about by the MHA)

  1. Compulsory registration of FIR in case of cognisable offence below sub part (1) of part 154 of the Code of Criminal Procedure 1973 (CrPC). The regulation additionally permits the police to register FIR or a ‘Zero FIR’ (in case the crime is dedicated outdoors the jurisdiction of police station) in the occasion of receipt of info on fee of a cognizable offence, which incorporates cases of sexual assault on girls. 
  2. Section 166 A/c) of IPC offers for punishment to a public servant for failure to document FIR in relation to cognizable offences punishable below part 326A, Section 326B, Section 354, Section 354B, Section 370, Section 370A, Section 376, Section 376DB, Section 376E or Section 509 in IPC. 
  3. Section 173 of CrPC offers for completion of police investigation in relation to rape in two months. In order to facilitate the state police to monitor compliance, in this regard MHA has offered a web based portal known as Investigation Tracking System for Sexual Offences (ITSSO) for monitoring the identical. This is offered completely to regulation enforcement officers. 
  4. Section 164-A or CrPC offers that in rape/sexual assault investigation the sufferer shall not be examined by a registered medical practitioner below consent inside twenty-four hours from the time of receiving the data relating to the fee of such offence. 
  5. Section 32(1) of the Indian Evidence Act, 1872, offers that the assertion, written or verbal, by an individual who’s useless shall be handled as related reality in the investigation when the assertion is made by an individual in order to the trigger of his loss of life, or as to any of the circumstances of the transaction which resulted in his loss of life. Honorable Supreme Court in its order dated seventh January 2020, directed {that a} specific assertion, when being provided as dying declaration and happy all the necessities of judicial scrutiny, can’t be discarded merely as a result of it has been recorded by a Justice of the Peace or that the police officer didn’t get hold of attestation by any individual current on the time of making of the assertion.
  6. The Directorate of Forensic Science Services (DFSS) below the MHA has issued tips for assortment, preservation and transportation of forensic proof in sexual assault cases for Investigation Officers and Medical Officers. In order to facilitate the state police, Bureau of Police Research and Development (BPR&D) has issued Sexual Assault Evidence Collection (SAEC) Kits to each state/UT. It is important to use these SAEC kits in each case of sexual assault reported. MHA advisory dated fifth October 2020 in this matter could also be referred. BPR&D and LNJN National Institute of Criminology and Forensic Sciences (NICFS) have been commonly conducting Training and Training of Trainers (ToT) programmes on process for assortment, preservation and dealing with of forensic proof for police/prosecutors and medical officers respectively. 
  7. However, even with stringent provisions in regulation and a number of other capability constructing measures undertaken, any failure of police to adhere to these mandatory necessities might not augur effectively for the supply of legal justice in the nation, particularly in context of girls security. Such lapses, if observed, want to be investigated into and stringent action taken instantly in opposition to the involved officers accountable for the identical. 

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