Case Note & Summary
The Supreme Court of India, taking suo motu cognizance under SMW (Crl.) No. 04 of 2019, assessed the criminal justice system's response to sexual offences in the wake of the Nirbhaya incident. The Court noted that despite amendments to criminal law post-Nirbhaya, statistics from the National Crime Records Bureau for 2017 showed 32,559 rape cases registered, indicating desired results were not achieved. The Court expressed concern over delays in such cases, citing the Nirbhaya case as an example where finality took long. The Court observed that it was necessary to take stock of the implementation of provisions of criminal law relating to rape and other sexual offences. The Court called for status reports from various duty-holders including investigation agencies, prosecution, medico-forensic agencies, rehabilitation, legal aid agencies, and courts. The Court identified several key areas for status reports: compliance with Section 154 Cr.P.C. regarding registration of FIR by woman police officers, recording at victim's residence, and videography; registration of cases under Section 166A IPC for failure to record information; availability of medical treatment under Section 357C Cr.P.C. and cases under Section 166B IPC; compliance with Section 164A Cr.P.C. for medical examination and reports; adoption of guidelines by Ministry of Health and Family Welfare; availability of medico-forensic kits; discontinuation of the two-finger test; and compliance with Section 173(1A) Cr.P.C. for time-bound investigation within two months. The Court also referred to the case of Lillu alias Rajesh v. State of Haryana (2013) 14 SCC 643, which held the two-finger test violative of the dignity of women. The Court directed the Union of India and all States/Union Territories to file status reports on the specified points.
Headnote
A) Criminal Procedure Code - Registration of FIR - Section 154 Cr.P.C. - Duty to register FIR in cognizable offences - The police is duty-bound to register an FIR based on information given by the victim/informant in cognizable offences, as laid down in Lalita Kumari v. Government of U.P. (2014) 2 SCC 1. The Court sought status reports on compliance with provisions for recording information by woman police officers, at victim's residence, and videography. (Paras 4-5) B) Criminal Procedure Code - Punishment for non-registration - Section 166A IPC - Failure of public servant to record information under Section 154 Cr.P.C. is a punishable offence. The Court sought status reports on registration of cases under Section 166A IPC and mechanisms to complain about non-recording. (Para 6) C) Criminal Procedure Code - Medical treatment and examination - Sections 357C Cr.P.C. and 166B IPC - Medical institutions must provide free treatment to victims and inform police; failure is punishable. The Court sought status reports on guidelines issued and cases registered under Section 166B IPC. (Para 7) D) Evidence Act - Irrelevance of previous sexual experience - Section 53A Evidence Act, 1872 - Previous sexual experience of the victim is irrelevant for consent or medical examination. The Court noted that medical opinions still refer to 'habitual of sexual intercourse' and sought status reports on compliance. (Para 9) E) Criminal Procedure Code - Medical examination - Section 164A Cr.P.C. - Medical reports must be prepared in accordance with the definition of rape under Section 375 IPC. The Court sought status reports on compliance, adoption of guidelines, availability of medico-forensic kits, and discontinuation of the two-finger test. (Paras 8, 12) F) Criminal Procedure Code - Time-bound investigation - Section 173(1A) Cr.P.C. - Investigation in rape cases must be completed within two months. The Court sought status reports on compliance and reasons for delay. (Para 15)
Issue of Consideration
Whether the provisions of criminal law relating to rape and sexual offences, including amendments post-Nirbhaya, are being effectively implemented by investigation agencies, prosecution, medico-forensic agencies, rehabilitation, legal aid agencies, and courts.
Final Decision
The Supreme Court directed the Union of India and all States/Union Territories to file status reports on the specified points regarding implementation of criminal law provisions relating to rape and sexual offences. The matter was adjourned for further hearing.
Law Points
- Duty to register FIR in cognizable offences
- Mandatory recording of victim statement by woman police officer
- Free medical treatment for rape victims
- Prohibition of two-finger test
- Irrelevance of previous sexual experience
- Time-bound investigation in rape cases
