Concerned over the increasing crimes against women, including the generosity of Hathras girl who has shaken the country, the Union Home Ministry on Saturday issued an advisory to all the states and union territories. Accordingly, FIRs must be registered in cognizable cases like sexual offenses. If a government employee fails to register an FIR, he should be punished. Also, a police investigation in rape cases should be completed in two months.
The three-page advisory issued by the Home Ministry states that the Central Government has strengthened the legal provisions to deal with crimes against women and girls. The Center has issued several advisories to the states from time to time, so that the police can take strict action in cases of crimes against women, including sexual assaults. These actions include mandatory registration of FIRs, gathering of evidence for forensic investigation and collection of Sexual Assault Evidence (SAEC) kit, completion of investigation in two months, and a national database of sex offenders. The database will also be able to identify the sex offenders and keep an eye on the repeated sexual offenses by such offenders.
Also, enter zero FIR
FIRs must be registered in cases of cognizable offenses under subsection (1) of section 154 of CRPC. According to the law, police will also have to register an FIR or a zero FIR (in case of an incident outside their police station) for cognizable offenses including sexual assaults against women.
Punishment under IPC
If a Government servant fails to register an FIR in the case of all cognizable offenses related to sexual offenses, then there is a provision under section 166 of the IPC to punish him.
Keep an eye on the progress of the investigation from the portal
Under Section 173 of the CrPC, investigations into rape cases should be completed in two months. In this connection, the Ministry of Home Affairs has also created an online portal called Investigation Tracking System for Sexual Offenses (ITSSO) where the progress of such cases can be monitored.
The victim should be tested in 24 hours
Under Section 164-A of CrPC, a sexual assault or rape victim should be tested with a registered medical practitioner by consent within 24 hours of receiving the offense.
The pre-death statement is important even if it is not recorded before the magistrate
Under section 32 (1) of the Indian Evidence Act, written or oral statements of the deceased will be treated as an important fact. According to an order dated January 7, 2020, in the Supreme Court's Purushottam Chopra v. Government of Delhi case, the pre-death statement fulfills all the requirements for judicial inquiry. It cannot be dismissed on the ground that such a statement was not recorded in front of the statement of the magistrate or any police officer.
Training to collect, store or handle evidence
Directorate General of Forensic Science Services under the Ministry of Home Affairs has issued directives regarding the collection, preservation, and carrying of forensic evidence for investigating officers or medical officers in cases of sexual assaults. Police of all states and union territories have been given Sexual Assault Evidence Collection (SAEC) kits to investigate such cases. This kit must be used in every sexual assault case. The officers and police involved in the investigation should also be regularly trained in gathering, preserving, and handling evidence.
Immediate strict action against the responsible officials in case of deficiency
In spite of legally stringent provisions and measures to increase capacity, if these mandatory requirements are not followed by the police, it can affect the delivery of criminal justice in the country. Especially in the case of women's safety. If such flaws come to the notice, then they should be investigated and strict action should be taken against the responsible officials.
... so that a charge sheet can be prepared against the guilty in time
States and Union Territories can issue necessary guidelines in this regard to all concerned authorities to ensure strict adherence to these rules. The progress of all such cases should also be monitored through the online portal so that action can be taken to prepare the charge sheet against the convict in time as per law.
Hence had to issue advisory:
Inattention to register FIR
Medical check-up
Willful dilution of case
Complaints to postpone the case
Not following the necessary forensic process