New Delhi: The alleged gang rape and murder of a Dalit girl in Hathras, Uttar Pradesh has once again raised questions on women safety. In view of growing gruesome crime against women in the country, the Ministry of Home Affairs has issued advisory for all the states. The advisory mandates to register compulsory FIR on women’s crime.
The Ministry, while enumerating the provisions of IPC and CRPC, said that the States / UTs should ensure their compliance. It has been made clear by the Ministry of Home Affairs that the strictest action will be taken against the officials who have been negligent on the issues going on in the advisory. If the police do not follow these principles properly the justice to the victim will be delayed. The Ministry has made it clear that if the lapses in this matter come to the fore then strict action will be taken against such officers.
The advisory issued by the Ministry of Home Affairs includes-
· It is mandatory to file an FIR in the event of a cognizable offense. The government has reminded that there is a provision of zero FIR in the law as well. Zero FIR is registered when the crime is outside the police station limits.
· If the FIR is not registered under Section 166A (c) of the IPC, then the officer is also liable to punishment.
· Section 173 of the CRPC has a provision to complete the investigation of any case related to rape within two months. To know the developments of investigation in crime, an online portal has been created by the Ministry of Home Affairs.
· According to section 164-A of CRPC, a registered medical practitioner will conduct a medical examination with the consent of the victim within 24 hours of receiving any rape case.
· It has been told by the government that in case of serious crimes like rape, sexual exploitation and murder, the Forensic Science Services Directorate has prepared a guideline to collect evidence. In such cases it is mandatory to follow the guidelines for collecting forensic evidence.
· The statement of the deceased person will be an important fact in the investigation under section 32 (1) of the Indian Evidence Act.