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SC seeks responses from Centre & State Govts in a bid to “make criminal justice system responsive” in sexual assaults cases

Supreme Court: In a bid to make criminal justice system responsive in cases relating to sexual assaults, a 3-judge bench of SA Bobde, CJ and BR Gavai and Surya Kant, JJ has sought information with regard to status of affairs at ground level from various duty holders like investigation agencies, prosecution, medico-forensic agencies, rehabilitation, legal aid agencies and also Courts to get a holistic view.

Taking note of the fact that 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, the Court noticed that still the desired results were not achieved and that as per the latest report of National Crime Records Bureau of Crime in India in the year 2017, total 32,559 cases of rape were registered in India. It said,

“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.”

Here are some of the most important information sought by the Court:

Registration of FIR by woman police officer

Failure of a public servant to record any information of sexual assault offences

Medical treatment and examination of the victim

“Medical treatment and examination of the victim is a very important aspect not only for the immediate relief to the victim but also provides intrinsic evidences for the trial.”

Completion of Investigation

Trial before a woman judge

Victim and witness protection

“The protection of witness during the investigation and trial is essential in cases of this sensitive nature. Many a times the accused live in proximity of the victim. The possibility of tampering with evidence and pressurizing the witness affects fair trial.”

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. The Court called for the status of utilization of the Nirbhaya Fund by Central or State Government(s).

Senior Advocate Siddharth Luthra will assist the Court as Amicus Curiae in the matter and the matter will next be taken up on 07.02.2020.

[In re: Assessment of the Criminal Justice System in response to Sexual Offences, 2019 SCC OnLine SC 1654, order dated 18.12.2019]

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