The Indian legal system has put in place several mandatory provisions for police officers when dealing with crimes against women. These provisions aim to make the police more proactive, efficient, and sensitive in addressing cases of sexual assault and other forms of violence against women. This post explores these mandatory actions, drawing on directives from the Ministry of Home Affairs (MHA) and other relevant bodies.
Why Mandatory Action is Crucial
The goal of mandatory action protocols is to ensure that crimes against women are handled with the urgency and sensitivity they require. These guidelines aim to eliminate procedural lapses and promote a survivor-centric approach, leading to better investigation and prosecution, and ultimately, greater justice.
Key Mandatory Actions for Police
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Mandatory FIR Registration (Section 154 CrPC):
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Police are obligated to register a First Information Report (FIR) upon receiving information about a cognizable offense, which includes sexual assault cases.
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If the crime occurs outside the jurisdiction of a police station, a “Zero FIR” must be registered, which is then transferred to the appropriate police station for investigation.
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Failure to record an FIR for a cognizable offence in relation to sexual violence is a punishable offense under section 166A of the IPC.
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Prompt Investigation (Section 173 CrPC):
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The Code of Criminal Procedure (CrPC) mandates the completion of police investigations, particularly for rape cases, within two months.
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The Ministry of Home Affairs has launched the Investigation Tracking System for Sexual Offenses (ITSSO), a tool to help police monitor the timelines.
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Medical Examination of the Victim (Section 164A CrPC):
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After receiving information of a rape/sexual assault case, a police officer is required to take the victim for medical examination by a registered medical practitioner within 24 hours of the report.
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Use of Sexual Assault Evidence Collection (SAEC) Kits:
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The MHA has provided standardized SAEC kits to state police for the proper collection and preservation of forensic evidence. These kits must be used in every case of reported sexual assault.
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Recording the Victim’s Statement:
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A victim’s statement should ideally be recorded by a woman police officer.
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If the victim is temporarily or permanently mentally or physically disabled, or has a different linguistic background, the statement is to be recorded in a comfortable manner with the assistance of an interpreter or special educator. Such statement must be videographed.
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The statement of the victim must also be recorded by a Judicial Magistrate as soon as possible, especially in cases of sexual violence.
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Dying Declarations (Section 32(1) Evidence Act):
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Statements made by the victim, relating to the cause of their death, and the circumstances surrounding it are admissible as evidence. It doesn’t need to be recorded by a magistrate or with specific attestation if it fulfills other conditions.
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Protection of Victims Identity:
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The law aims to ensure the anonymity of victims. It is the police’s duty to ensure that names and any other identifiable information relating to the victim, or any details regarding the incident, are not revealed to the public or to the media. The photograph of the victim must not be used.
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Confidentiality: Any information relating to a sexual assault case should not be divulged by any police officer or their supervisory officers to anyone (even the media), as it could hinder the investigation.
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Special Police Officer: For effective implementation of the Act, the State government can appoint a special police officer not below the rank of a police inspector for specific areas.
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Prompt Arrest: The Act makes it mandatory that the police take immediate measures to arrest the suspect, and they must be produced before a magistrate promptly. In cases where a suspect is evading arrest, the police must seek a proclamation from a court and follow the correct procedure for apprehending an absconder.
Importance of Gender Sensitivity
The MHA has issued directives for police to show greater sensitivity towards women, emphasizing:
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Female Officers: All efforts should be made to ensure that police teams investigating cases involving sexual violence include a female officer. They also must be the ones recording FIRs and taking down statements.
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Respectful Treatment: Victims must be treated with dignity and courtesy. Intrusive or insensitive questioning is prohibited.
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Training and Sensitization: All police personnel must undergo regular training programs to raise awareness and sensitivity towards women and ensure that proper procedures are followed.
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Gender Sensitivity Index: The authorities may also develop a gender sensitivity index, which can be used for assigning a posting to any police officer and their subsequent promotions.
Specific Measures for Vulnerable Victims
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Victims with Disabilities: Police are required to record statements of victims with disabilities at their residence or a convenient location with the help of an interpreter or special educator. Such statements must be videographed to ensure there is no misrepresentation of facts.
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Minor Victims: Extra care is required when dealing with minor victims, such as obtaining parental consent for a statement, using plain clothes when interacting with them and ensuring they are not detained in the police station at night. The child has to be immediately taken to a child care institution and the child welfare committee needs to be notified.
Use of Technology and Databases
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ITSSO Portal: The Investigation Tracking System for Sexual Offences (ITSSO) portal allows states to monitor progress on sexual assault cases and improve efficiency in investigations. The police should utilize this and update the data regularly.
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National Database of Sexual Offenders (NDSO) A national database has been put in place to track all sex offenders to help in investigation and verification in subsequent cases.
Forensic Evidence and Medical Examination
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Use of SAEC Kits: The Sexual Assault Evidence Collection Kits are a requirement for use in every case of sexual assault. These have to be used for proper collection, handling, and preservation of evidence.
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Medico-Legal Guidelines: All medical officers must follow the guidelines issued by MHA on medico-legal procedures. These guidelines mandate that the “two-finger test” is not a valid procedure and must not be used while examining victims of sexual assault. The medical report should state clearly all observations, without being biased.
Conclusion
These mandatory actions for police in cases of crimes against women, aim to ensure that the police function as an effective tool for justice, but also with the sensitivity and care required in such situations. By following these provisions, the Indian legal system can strive for greater accountability and protection for women, and also ensure that justice is not only served, but is seen to be done.