Hathras Aftermath | Centre Issues SOPs To States For Rape Cases; FIR, Dying Declaration, 60 Days Probe Mandatory

The detailed three-page advisory came days after the gangrape and murder of a 20-year-old Dalit woman at Hathras in Uttar Pradesh sparked nationwide outrage.

(PTI Photo/Ravi Choudhary)(PTI03-10-2020_000158B)

New Delhi: India has been witnessing a massive rise in crime against women, keeping in view of the Hathras horror where a 20-year-old Dalit woman was allegedly gang-raped, tortured, and murdered, the centre has reminded state and UT governments of existing laws for "mandatory action by police in cases of crimes against women". Also Read: Watch| On Taiwan National Day, BJP's Tajinder Pal Singh Bagga Puts Up Posters Near Chinese Embassy In Delhi In the advisory, the Union home ministry said mandatory action must be taken in cases of crimes against women, adding probe into rape cases must be completed within two months as per law and that dying declaration of a victim can't be discarded merely because it has not been recorded by a magistrate. The advisory by the Home Ministry highlighted three sections of the Code of Criminal Procedure that deal with "compulsory registration of FIR", completion of the investigation (in relation to rape) within 60 days, and a mandatory medical examination, to be conducted with the individual's consent, by a qualified medical professional within 24 hours of receipt of information of such a crime. "It is requested that States/UTs, may suitably issue instructions to all concerned to ensure strict compliance with the provisions in the law... also requested to monitor the cases on ITSSO (an online portal to track sexual offence cases) to ensure suitable follow-up action," the notice said. The centre further said that "failure of police to adhere to these mandatory requirements may not augur well for the delivery of criminal justice in the country, especially in the context of women safety" and warned of "stringent action" against those not following these rules.

Ministry of Home Affairs issues advisory to States and Union Territories for ensuring mandatory action by police in cases of crime against women. pic.twitter.com/dx1sQmzXLW

— ANI (@ANI) October 10, 2020

"Hon'ble Supreme Court in its order dated 7th January 2020.....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 making of the statement,” the guidelines said. It is necessary to use the Sexual Assault Evidence Collection (SAEC) kits in every case of sexual assault reported for which the home ministry has been regularly conducting training and Training of Trainers (TOT) programmes on procedure for collection, preservation, and handling of forensic evidence for police and prosecutors and medical officers respectively. The home ministry also mentioned about the previous advisories sent by it on the issue of crimes against women and pro-active police action on May 16, 2019, December 5, 2019, Standard Operating Procedure (SOP) for Investigation and Prosecution of Rape against Women issued by BPR&D and distribution of SAEC kits. "The Government of India has taken steps to strengthen legislative provisions to deal with incidents of sexual offences against women and girls," it said.