Mandatory action by Police in cases of crime against Women

The government of India has also issued various advisories to the States/ Union Territories from time-to-time emphasizing the strict actions to be taken by the police in cases of crime against women, including in cases of sexual assault which includes registration of FIR, collection of evidence for forensic examination and use of Sexual Assault Evidence Collection (SAEC) Kit, completion of investigation in sexual assault cases in two months, use of National Database on Sexual Offenders for identifying and tracking repeat sexual offenders etc. The guidelines is available at the bottom of the web page in the pdf.

(i) Compulsory registration of FIR in case of a cognizable offence under subsection (1) of section 154 of the Code of Criminal Procedure, 1973 (CrPC). The law also enables the police to register FIR or a “Zero FIR” (in case the crime is committed outside the jurisdiction of the police station) in the event of receipt of the information on the commission of a cognizable offence, which includes cases of sexual assault on women.

(ii) Section 166 A(c) of the Indian Penal Code 1860 (IPC) provides for punishment to a public servant for failure to record FIR in relation to cognizable offences punishable under section 326A, Section 326B, Section 354, Section 354B, Section 370, Section 370A, Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, Section 376E or Section 509 in IPC.

(iii) Section 173 of CrPC provides for the completion of a police investigation in relation to rape in two months. In order to facilitate the State police to monitor compliance, in this regard, MHA has provided an online portal called Investigation Tracking System for Sexual Offences (ITSSO) for monitoring the same. This is available exclusively to law enforcement officers.

(iv) Section 164-A of CrPC provides that in rape/sexual assault investigation the victim shall be got examined by a registered medical practitioner under consent within twenty-four hours from the time of receiving the information relating to the commission of such offence.

(v) Section 32 (1) of the Indian Evidence Act, 1872, provides that the statement, written or verbal, by a person who is dead shall be treated as relevant fact in the investigation when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death. Hon’ble Supreme Court in its order dated 7th January 2020, in the matter of Criminal Appeal Nos. 194-195 of 2012 in the case of Purshottam Chopra & Anr. v. State (Govt. of NCT Delhi), directed that a particular statement, when being offered as dying declaration and satisfies all the requirements of judicial scrutiny, cannot be discarded merely because it has not been recorded by a Magistrate or that the police officer did not obtain attestation by any person present at the time of the making of the statement.

(vi). The Directorate of Forensic Science Services (DFSS) under the MHA has issued Guidelines for collection, preservation & transportation of forensic evidence in sexual assault cases for Investigation Officers and Medical Officers. In order to facilitate the State Police, the Bureau of Police Research and Development (BPR&D) has issued the Sexual Assault Evidence Collection (SAEC) Kits to every State/UT. It is necessary to use these SAEC kits in every case of sexual assault reported. MHA advisory dated 5th October 2020 in this matter may be referred. BPR&D and LNJN National Institute of Criminology and Forensic Sciences (NICFS) have been regularly conducting Training and Training of Trainers (ToT) programmes on the procedure for collection, preservation and handling of forensic evidence for Police/Prosecutors and Medical Officers respectively.

Missing Person Guidelines

A reading of Section 97 of CRPC makes it clear that the Provisions section is one of emergency. It authorizes the Magistrate to issue such a search warrant if he has reason to believe that any person has been confined. The Police Officer to whom the search warrant is addressed is to execute it according to its tenor.

Further Section 98 CRPC confers on the Magistrate specified therein powers to pass orders directing the restoration of a female child under the age of 18 years to her parents, guardian or other person having the lawful charge of such Child. This section aims at summary disposal of an application because a protracted enquiry in the matter would defeat the very object for which this section is capable of execution and once an order has been passed it is open to the Magistrate to use all lawful means for the restoration of female Child.

Further Sections 7, 8, and 9 of the Juvenile Justice Act provides for the establishment and maintenance of Observation Homes and special homes. Section 34 provides for the establishment and maintenance of Children’s Homes and Section – 37 provides for the establishment and maintenance of Shelter homes for Juveniles/children.

Hori Lal Vs Commissioner of Police

 The Supreme Court in this case laid down guidelines for effective search of Kidnapped girls to be followed by the Investigation Officer.

• • Photographs of the missing person should be published in a Newspaper and telecasted on TV. Photographs of a missing person shall be given wide publicity at all the prominent outlets of the city /town/village concerned that is at the Railway Stations, Interstate bus Stands, airport, regional passport office and through law enforcement personnel at Border checkpoints. This should be done within one week of receipt of the complaint. In the case of a major or minor girl photograph can be published even without the consent of the parents or guardians.
• • An inquiry should be made in the neighbourhood, place of study/work, and to the friends, colleges, relatives of the missing girl. Equally, all the clues from the papers and belongings of the missing person should be promptly investigated.
• • An inquiry should be conducted into the whereabouts of the extended family of relatives, neighbours, school teachers including school friends of the missing girl or woman.

  • T contact the Principal, Class teacher and Students at the missing persons most recent school /educational institutions. If the missing girl or woman is employed somewhere , then contact the most recent employer and her colleagues at the place of employment.

    Conduct an inquiry into the whereabouts from the extended family of relatives, neighbours, school teachers including school friends of the missing girl or woman.

    Make necessary inquiries whether there have been past incidents or reports of violence in the family.

Thereafter the investigation officer/agency shall

• The investigating officer after receiving the records requested from the parents should examine them for clues.
• After receiving the complaint hospitals and mortuaries must be searched.
• The reward for providing clues about the missing person should be announced within a month of disappearance. 
• The Investigation should be made through women police officers as far as possible.
• The concerned police commissioner or the DIG/IG of the State Police would find out the feasibility of establishing a multitask force for locating girl children women
• Further, in the Metropolitan cities such as Delhi, Mumbai, Kolkata and Chennai the Investigating Officer should immediately verify the red light areas and try to find out the minor girls.

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