Mandatory registration of FIR and immediate police action in cases of Rape and sexual assault

The Ministry of Home Affairs has issued an advisory to all the State governments to take immediate action and mandatory registration of FIR in cases of sexual violence. MHA has directed that the following actions have to be taken by the police officer in cases of rape and sexual assault:

1.Compulsory registration of FIR in case of a cognizable offence. “Zero FIR” to be filed for cases outside the jurisdiction.

2.In the failure of recording an FIR, the officer shall be punished as per Section 166 of the Indian penal Code.

3.As per section 173 of the Criminal Procedure Code, the investigation of rape cases should be completed in 2 months. MHA has also provided with Investigation Tracking System for Sexual Offences (ITSSO) as a monitoring medium.

4.The victim of rape or sexual assault shall not be examined by a medical practitioner under consent within 24 hours as per Section 164A of the Criminal Procedure Code.

5.The dying declaration is admissible as per Section 32(1) of the Indian Evidence Act and it cannot be discarded.

6.The Directorate of Forensic Science Services (DFSS) under MHA has issued guidelines for the collection, preservation, and transportation of forensic evidence in sexual offence cases.

7.Stringent action to be taken if any public servant does not take immediate action in cases of sexual offences.

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