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Showing posts from March, 2015

Supreme Court Judgement regarding Procedure Followed in Rape Cases

A two Judge Bench of the Supreme Court comprising of Justice Gyan Sudha Misra and Justice V. Gopala Gowda after hearing special leave petition (crl.) no. 5073/2011 has issued Guidelines on 25th April, 2014 in exercise of powers under Article 142 of the Constitution of India in the form of Mandamus to all the police station in charge in the entire country regarding ‘recording statement of Rape Victim’. The Directions are as follows : Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any Metropolitan/preferably Judicial Magistrate for the purpose of recording her statement under Section 164 Cr.P.C. A copy of the statement under Section 164 Cr.P.C. should be handed over to the Investigating Officer immediately with a specific direction that the contents of such statement under Section 164 Cr.P.C. should not be disclosed to any person till charge sheet/report under Section 173 Cr.P.C. is