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Campus Beat

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Standard Operational Procedure in case of sexual assault against women

Ritika Gusaiwal

ByRitika Gusaiwal

Oct 15, 2020

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nude woman on bed
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These days sexual assaults are increasing day by day. But now it’s time for the government to check whether these SOPs are working or not. These SOP are defined in the following legal ways-

1.Dying declaration – The basic principle of the dying declaration is that, people who are dying usually do not lie. So, the statement given by the victim during such cases can be used as a tool, just because she is the only eyewitness to the case.  As seen in the Hathras case, the victim said, ‘she was raped by 4 people’, but the forensic report says there is no evidence of semen.

Section 2 (1) of the Indian Evidence Act 1872, says that in case there is a dying declaration given by a victim, can be taken by police in case of future courts of evidence.

In the case of ‘Purushotam Chopra and Anr. Vs. state (Government of NCT Delhi)’ the SC said that the dying declaration can be recorded both orally and written even if the person is on the bed. 

2.Section (173) of the Code of Criminal Procedure –  Heinous cases such as rape committed on a woman. It must be the duty of the police to make sure that the investigation should be in detail and all detail must be sent to the magistrate within 2 months (fast the trial is under to facilitate the state police to keep a check on constant monitoring).

Investigation tracking system for sexual offenses (ITSSO) – All the police officers at the national, state, and district-level keep a check on the process of the investigation, and each-evidence should be updated from time to time.

3.Zero FIR– This zero FIR came into the picture after the recommendation of the Verma committee. After 2012, cases like rape committed in a moving bus can be in one or more jurisdictions. So, it becomes difficult to define in which jurisdiction this case will fall. Before 2012 the police station or the officer can reject while the victim is filing FIR in another jurisdiction but after 2012 wherever the rape has occurred she can go to any police station and they have to file FIR. It is the duty of a Police officer to file FIR  and if required transfer to its own area of jurisdiction.

Section 164(A) of CRPC– If a woman is assaulted by rape, she can go to any hospital, and with her consent, the hospital can collect her medical information.

Ministry of home affairs has also asked all state governments to adhere to the guidelines issued by the Directorate of Forensic Evidence Sight for the Service for the collection, preservation, transportation of the forensic evidence in any sexual assault cases. They will also issue sexual assault evidence collection kits.

Conclusion-If these legal procedures are followed efficiently by the system, then only we can give justice on time because such cases need special attention from the system. Wherever a woman is fostered with all facilities, the nations lead the way otherwise it falls down the line. In countries like India where the male is dominating, females are often neglected.

Now it’s the need of the hour to strengthen her “our Nari” in all spheres and if she faces such things, we must support her and make sure that justice is served.

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