Rape victim statement should be directly recorded by judicial magistrate within 24 hours: SC
SC directed that statement of rape victims should be directly recorded by a judicial magistrate within 24 hours instead of police officials.
The Supreme Court of India on 29 April 2014 ruled that statement of rape victims should be directly recorded by a judicial magistrate within 24 hours instead of police officials. This direction will help cut short the proceedings.
The direction was given by two-judge bench of Supreme Court comprising of Justice Gyan Sudha Mishra and Justice V Gopala Gowda. The bench in its decision ruled that victim should be taken to the nearest Lady Metropolitan Magistrate or preferably Lady Judicial Magistrate to record the statement by an investigating officer.
As per the direction, the copy of the statement should be handed over to the investigating officer immediately. The copy will be handed over with a specific direction that the contents of such statement should not be disclosed to any person till charge sheet/report under Section 173 of Criminal Procedure Code is filed.
The apex court also said that any delay that exceeds 24 hours in taking the victim to the magistrate then the investigation officer should record the reasons for the same in the case diary and hand over a copy of the same to the magistrate.