FIR Against Cops For Not Registering Case In Crime Against Women: MHA  

New Delhi: As the outrage over the alleged gangrape-murder of a 19-year-old girl in Hathras district of Uttar Pradesh grows, the Ministry of Home Affairs (MHA) has issued a fresh advisory to states asking them to take strict action in cases of crimes against women and adhere strictly to guidelines for dealing with such cases, including mandatory registration of FIRs and completing probes in two months in cases of sexual assault.

In its three-page advisory, the MHA asserted there should be compulsory registration of an FIR in case of a cognisable offence under the CrPC.

In its advisory, the MHA, while maintaining that the government has, over the years, taken steps to strengthen legislative provisions to deal with incidents of sexual offences against women, said: “However, even with stringent provisions in law and several capacity-building measures undertaken, any failure of police to adhere to these mandatory requirements may not augur well for the delivery of criminal justice in the country, especially in context of women safety. Such lapses, if noticed, need to be investigated into and stringent action taken immediately against the concerned officers responsible for the same.”

“It is requested that States/UTs may suitably issue instructions to all concerned to ensure strict compliance with the provisions in the law… It is also requested to monitor the cases on ITSSO (Investigation Tracking System for Sexual Offences) to ensure that suitable follow-up action is taken for the chargesheet of the guilty in a timely manner as required in the law.”

Key Highlights:

• The states and the UTs have been requested to monitor the cases on the Investigation Tracking System for Sexual Offences (ITSSO) to ensure that suitable follow up action is taken on the charge sheet of the guilty in a timely manner as required in the law.
• MHA has asked states for mandatory registration of FIRs, action against officers who refuse to register FIRs in cases of rape and certain other crimes against women, to treat the dying declaration of a victim as a matter of fact, collection of evidence for forensic examination and use of sexual assault evidence collection (SAEC) kit, completion of investigation in sexual assault cases in two months, use of the National Database on Sexual Offenders for identifying and tracking repeat sexual offenders among others.
• The Directorate of Forensic Science Services (DFSS) under the MHA has issued guidelines for collection, preservation & transportation of forensic evidence in sexual assault cases for Investigation Officers and Medical Officers. In order to facilitate the State Police, Bureau of Police Research and Development (BPR&D) has issued Sexual Assault Evidence Collection (SAEC) Kits to every State/UT. It is necessary to use these SAEC kits in every case of sexual assault reported.

Read The Full Advisory Here: