Telangana HC Issues Directions To Judicial Magistrates On Procedure For Recording Statements Of Rape Victims U/S 164 CrPC
The Telangana High Court on Wednesday issued a circular containing instructions for Judicial Magistrates in the State on the procedure which they must follow while recording the statements of a rape victim under Section 164 of the CrPC. It expressed dissatisfaction at the fact that certain Judicial Magistrates were not recording their statements immediately upon being produced by...
The Telangana High Court on Wednesday issued a circular containing instructions for Judicial Magistrates in the State on the procedure which they must follow while recording the statements of a rape victim under Section 164 of the CrPC.
It expressed dissatisfaction at the fact that certain Judicial Magistrates were not recording their statements immediately upon being produced by the investigation officers.
The Circular has been issued in light of the directions issued by the Supreme Court in 2014 in State of Karnataka v. Shivanna @ Tarkari Shivanna, SLP (Criminal) No. 5073 of 2011, to all the police stations in-charge in the country. Following suit, the High Court ordered:
"1. The Magistrates concerned (Lady), nearest lady Metropolitan/lady Judicial Magistrate, shall record the statement of such victim under Section 164 of the CrPC immediately, without adjourning the matter for further date.
2. Such lady Magistrate shall handover a copy of the statement recorded under Section 164 CrPC to the Investigating Officer with a specific direction that the contents of such statement under Section 164 CrPC., shall not be disclosed to any person till the charge sheet/report under Section 173 CrPC, is filed.
3. Such lady Magistrate shall further insist the Investigating Officer to handover a copy of the Case Diary and if there is any delay exceeding 24 hours in producing the victim before the said magistrate, the reasons therefore.
4. Such lady Magistrate shall take the copy of Medical Examination Report of the victim, after her medical examination from the investigating officer concerned."
The Court directed all the Unit Heads in the State to issue necessary instructions to the Judicial Magistrate of First Class/Metropolitan Magistrates working under their control so as to ensure that the above said instructions are followed strictly.
Circular Number: 28 of 2022 dated 16.11.2022
Click Here To Read/Download The Circular