Direction of Supreme Court in Rape Case

Under Article 142 of the
Constitution, we are pleased  to
issue
interim directions in the form of
mandamus to all the police
station in charge in the entire country to follow the direction of  this  Court which are as follows:

(i) Upon receipt of
information relating to the
commission of offence of rape, the Investigating Officer shall make immediate  steps to
take the victim to any
Metropolitan/preferably Judicial  Magistrate for the
purpose of recording
her statement under  Section
164 Cr.P.C. A copy of the
statement under Section 164
Cr.P.C. should be handed over to  the Investigating Officer immediately with a specific direction that the contents of such statement under Section 164 Cr.P.C. should not be
disclosed to  any  person till
charge sheet/report under
Section 173 Cr.P.C. is filed.

(ii) The Investigating Officer shall as far as possible take
the victim to the nearest Lady Metropolitan/ preferably
Lady Judicial Magistrate.

(iii) The Investigating Officer  shall record specifically the
date and the time at which he learnt  about the commission of the offence of rape and the date and time at which he took
the victim to the Metropolitan/
preferably Lady Judicial
Magistrate as aforesaid.

(iv)  If there is any delay
exceeding 24 hours in taking the
victim to the Magistrate, the Investigating Officer should record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate.

(v) Medical Examination of
the victim: Section 164 A Cr.P.C.
inserted by  Act 25 of 2005 in Cr.P.C.  imposes an obligation on the part of Investigating Officer to get the victim of the rape
immediately  medically examined. A copy of the report
of  such medical examination
should be immediately
handed over to the Magistrate
who records the statement of the victim under Section
164 Cr.P.C.

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