Bombay High Court Deprecates Practice Of Magistrates Giving Dates For Recording Statement Of Witnesses, Victims; Ignoring Urgency

The Bombay High Court on Thursday 'deprecated' the practice of the Magistrates in Mumbai for giving dates for recording statements of witnesses, victims or the confession of accused under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

A division bench led by Justice Revati Mohite-Dere took exception to this practice wherein Magistrates in the city, have been giving dates (for weeks altogether) for recording the statements of witnesses, victims or even the accused.

"We deprecate this practise of ignoring the urgency that will be there in a given case for recording of statements of victims under the BNSS. We are of the considered opinion, when a requisition is made by the police, it is incumbent on the Magistrate to ensure that the statements are recorded as expeditiously as possible, preferably, within a period of 3 to 4 days," the bench said in its order.

To this, Chief Public Prosecutor Hiten Venegavkar apprised the bench of the fact that the practice is prevalent in Mumbai courts.

"If any such circulars or directions are issued (for giving dates and later recording statements) we direct the concerned authority to forthwith withdraw the same," the bench made it clear.

The observation was made while hearing a petition filed by the mother of a three-year-old girl, who was allegedly sexually abused by a 15-year-old neighbourhood boy in Saki Naka, Mumbai. The bench was informed that in the present case, the police has written a letter to the concerned Magistrate for recording the statements of the victim and also the witnesses in the case. However, the Magistrate has given September 13, as the date for recording the victim's statements of the victim.

The bench was further informed that some of the police officers abused the husband of the complainant while the couple had been to the police station to register the FIR. However, in response to the allegation, Venegavkar clarified to the bench that disciplinary proceedings have been initiated against five police officers and also a show cause notice has been issued against them. The prosecutor further said that fresh show cause notices would now be issued to the erring officers as mandated under the stringent Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) (SC ST) Act since the victim belongs to the scheduled caste category.

The petition alleged 'serious lapses' on the part of the Saki Naka Police, which has been investigating the rape case, FIR for which was lodged on August 13.

The judges, however, noted that the FIR was lodged in time and even the victim's medical examination was done within the stipulated time period. Further, noting that the victim belongs to the marginalised section of society, the judges, ordered the State to ensure it effectively implements the provisions of the SC-ST Act and provides financial assistance to the two victims as mandated by the law.

The matter will be next heard on September 19.