Constitutional Criminal

Supreme Court: Record rape victim’s statement before Magistrate within 24 hours

The Supreme Court has said that a rape victim should be taken directly to a Magistrate for recording her statement within 24 hours of the crime.

In its order of April, a bench of Supreme Court led by Justice Gyan Sudha Mishra held that there was no need to record a victim’s statement first before the police and then again before a Magistrate. Under the law, a statement recorded by the police is inadmissible with no legal sanctity. This new procedure will put an end to what is known to be “the primary reason for delay of the trial”.

Further, they said that, “If a victim’s statement was recorded under Section 164 of the Code of Criminal Procedure, preferably by a woman magistrate, it would be treated as her deposition for the trial”.

The Bench further directed that, “The investigating officer should record the date and time when he got to know about the offence and when he took the victim to the Magistrate. The victim should be medically examined before being taken to the Magistrate.” Further, “Necessary instructions by the DGPs and police commissioners of all the states and union territories be also issued to all the police station in – charges, incorporating the directions issued by us. There was a pressing need to introduce further amendments in the CrPC.

Special Correspondent