Guidelines & Protocols For Police
The following guidelines and protocols can help you better manage cases of child sexual abuse that you are handling by helping you developed a trusting and secure relation with the victim.
Delhi Police Standing Order 303/2010:
Guidelines to be Followed While Investigating Cases of Rape
a) Every SHO shall ensure that at his Police Station a lady police official/officer not below the rank of a Head Constable available round the clock.
b) As soon as a complaint of the offence is received, the duty officer receiving the complaint/information shall call the lady police official/officer present at the police station and make the victim and her family comfortable.
c) The duty officer, immediately, upon receipt of the complaint/information intimate the “Rape Crises Cell” on its notified helpline number.
d) After making preliminary enquiry/investigation, the Investigation Officer along with the lady police official/officer available, escort the victim for medical examination.
e) The Assistant Commissioner of Police shall personally supervise all investigation into the offence.
f) The statement of the victim shall be recorded in private, however, the presence of family members while recording statement may be permitted with a view to make the victim comfortable. In incest cases, where there is a suspicion of complicity of the family members in the crime, such family members should not be permitted.
g) The Investigation Officer shall bring the cases relating to “child in need of care and protection” and the child victim involved in incest cases to the notice of Child Welfare Committee.
h) The accused should not be brought in the presence of victim except for identification and that too in the Court during TIP proceedings on the direction of MM.
i) Except the offences which are reported during the night, no victim of sexual offence shall be called or made to stay in the police station during night hours. The Social Welfare Department of the Government of NCT of Delhi shall ensure that Superintendents of the Foster Home for Women will provide necessary shelter till formal orders are secured from the concerned authorities.
j) The Investigating Officer shall endeavor to complete the investigation at the earliest and he shall ensure that in no case the accused gets the undue advantage of bail by default as per the provisions of Section 167 Cr.P.C. It is desirable that in cases of incest the report under Section 173 Cr.P.C. is filed within 30 days.
k) Periodical Training to deal with rape cases should be provided to the Police Officers, Juvenile Police Officers, Welfare Officers, Probationary Officers and Support persons. A Training Module be prepared in consultation with the Delhi Judicial Academy.
l) The Police should provide information to the Rape Crisis Cell regarding the case including the arrest and bail application of the accused, the date of filling of the investigation report before the Magistrate
m) The police should keep the permanent address of the victim in their file in addition to the present address and such other information which may help in finding the prosecutrix during trial if she leaves her reported addresses. They should advise the victim to inform them about the change of address in future;
n) Subject to the outcome of the W.P. (C) 2596/2007 titled Rajeev Mohan Vs State, pending before the Hon’ble High Court in cases where the victim informs the police about any threats received by the accused family, the concerned DCP should consider the matter and fresh FIR must be registered under Section 506 of the Indian Penal Code.
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