Advisory to States/UTs on crime against women: Dying declaration can’t be discarded
Amid criticism of the Uttar Pradesh Police for its handling of the Hathras case, the Union Home Ministry on Saturday issued a fresh advisory to States and UTs on the mandatory action to be taken in cases of crimes against women.
It outlined that the probe in rape cases should be completed within two months, that the dying declaration of a victim can’t be discarded merely because it has not been recorded by a Magistrate and that there has to be a mandatory medical examination, with the individual’s consent, by a qualified medical professional within 24 hours of receipt of information of such a crime.
The detailed three-page advisory of the Ministry of Home Affairs (MHA) also said there should be compulsory registration of an FIR in case of a cognisable offence under the CrPC, and any failure of police to adhere to laid down rules does not augur well for the delivery of justice.
The law also enables the police to register an FIR or a “Zero FIR”, in case the crime is committed outside the jurisdiction of police station, in the event of receipt of information on commission of a cognisable offence, which includes cases of sexual assault on women, said the detailed MHA advisory.
“However, even with stringent provisions in law and several capacity building measures undertaken, any failure of police to adhere to these mandatory requirements may not augur well for the delivery of criminal justice in the country, especially in the context of women safety,” said the advisory, adding that stringent action and investigation must be initiated against the officers responsible for the lapses in handling crimes against the women.
The MHA told the States that the Section 173 of CrPC provides for completion
of police investigation in
relation to rape in two months and Section 164-A of CrPC provides that in rape or sexual assault investigation, the victim should be examined by a registered medical practitioner under consent within 24 hours from the time of receiving the information. The advisory said the Indian Evidence Act, 1872, provides that the statement, written or verbal by a person, who is dead, shall be treated as relevant fact in the investigation when the statement is made by a person as to the cause of his (or her) death or as to any of the circumstances of the transaction which resulted in his (or her) death.
The advisory pointed out that the Supreme Court in a order dated January 7, 2020 said that “that a particular statement, when being offered as dying declaration and satisfies all the requirements of judicial scrutiny, cannot be discarded merely because it has not been recorded by a Magistrate or that the police officer did not obtain attestation by any person present at the time of making of the statement”.
It is necessary to use the Sexual Assault Evidence Collection (SAEC) kits in every case of sexual assault reported for which the Home Ministry has been regularly conducting training and Training of Trainers (TOT) programmes on procedure for collection, preservation and handling of forensic evidence for police and prosecutors and medical officers respectively.
In order to facilitate the State police to monitor
compliance, the Home Ministry said, an online portal called Investigation Tracking System for Sexual Offences (ITSSO) for monitoring the same has been available exclusively to law enforcement officers.
