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SC seeks repsponse of Centre, States/UTs on implementation of laws against rape

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The Supreme Court on Wednesday sought the response of Centre, States and Union Territories (UTs) regarding the implementation of provisions of criminal law relating to rape cases and other sexual offences. It has also asked for details about the utilisation of 'Nirbhaya Fund' by them.

The top court has observed that the National Crime Records Bureau (NCRB) statistics reveal that desired results could not be achieved even after many amendments introduced in criminal law post-Nirbhaya incident.

A Bench headed by Chief Justice SA Bobde has asked whether all the Police Stations have a woman police officer to record the information of the victim.

 

"The post-Nirbhaya incident, which shocked the conscience of the nation, many amendments were introduced in criminal law redefining the ambit of offences, providing for effective and speedy investigation and trial. Still, the statistics would reveal that desired results could not be achieved. As per the latest report of National Crime Records Bureau, in the year 2017, total 32,559 cases of rape were registered in India," observed the apex court.

"The delay in such matters has, in recent times, created agitation, anxiety and unrest in the minds of the people. The Nirbhaya case is not an isolated case where it has taken so long to reach finality. In fact, it is said that it has been one of the cases where agencies have acted swiftly taking into account the public outrage," it observed.

The top court also asked if the information relating to the offence of rape received at a police station reveals that the place of commission of the offence is beyond its territorial jurisdiction, whether in such cases FIR without crime number is being recorded?

"Whether provisions are available for recording of first information by a woman police officer or a woman officer at the residence of the victim or any other place of choice of such person in case the victim is temporarily or permanently mentally or physically disabled," asked the apex court.

Among the bunch of queries on which the Supreme Court has sought States' response is whether the police are completing the investigation within two months or not.

"Whether the police are completing the investigation and submitting the final report within a period of two months from the date of recording of information of the offence and if not, reasons for the delay," asked the top court.

It also stated about the utilisation of 'Nirbhaya Fund.'

"In the year 2013, a separate fund, namely, Nirbhaya Fund for projects of women safety to support initiatives by government and NGOs was created. It is important to inform ourselves how far has the purpose of setting up the fund been achieved," said the Supreme Court.

The top court has also sought a status report on the utilisation of the Nirbhaya Fund by Central or State Governments.

The Centre's response has been sought through its Home Secretary while all the States and UTs through their Chief Secretaries. The apex court has posted the matter for hearing on February 7.

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First Published: Dec 18 2019 | 4:50 PM IST

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