Previously, the statements of survivors and other witnesses would be recorded multiple times, which significantly delayed the criminal trial procedure in sexual assault cases. This amendment to Section 164 of the Cr.P.C. (“Recording of confessions and statements”) was passed to speed up such cases. This amendment requires that, immediately upon learning of her situation, the Investigating Officer take the sexual assault survivor to the Metropolitan to record her statement, which can later be relied upon as evidence in court.
2. [W]e are perturbed and anguished to notice that…we do not yet have a fast track procedure for dealing with cases of rape and gang rape lodged under Section 376 IPC.
3. There is a pressing need to introduce drastic amendments into the Cr.P.C. in the nature of fast tract procedure for Fast Track Courts … We were and are further of the view that the statement of victim should as far as possible be recorded preferably before the Lady Judicial Magistrate under Section 164 Cr.P.C. skipping over the recording of statement by the Police under Section 161 Cr.P.C. to be kept in sealed cover and thereafter the same be treated as evidence at the stage of trial which may be put to test by subjecting it to cross-examination. We are further of the view that the statement of victim should as far as possible be recorded preferably before the Lady Judicial Magistrate under Section 164 Cr.P.C. skipping over the recording of statement by the police under Section 161 Cr.P.C. which is any case is inadmissible except for contradiction so that the statement of the accused thereafter be recorded under Section 313 Cr.P.C.
4. What we wished to emphasize is that the recording of evidence of the victim and other witnesses multiple times ought to be put to an end which is the primary reason for delay of the trial … [This amendment] can surely cut short and curtail the protracted trial if it is introduced at least for trial of rape cases which is bound to reduce the duration of trial and thus offer a speedy remedy.
7. [T]he statement of the victim of rape and gang rape may be and should be recorded under Section 164 of the Cr.P.C. which should be placed on record treated as evidence of the victim and may later be relied upon as evidence and then the accused may be given a chance to cross-examine the prosecution version.
9. [W]e are pleased to issue interim directions in the form of mandamus to all the police stations in charging the entire country to follow the direction of this Court which are as follows:
(iii) The Investigating Officer shall record specifically the date and the time at which he learnt about the commission of the offence of rape and the date and time at which he took the victim to the Metropolitan/preferably Lady Judicial Magistrate.
(iv) If there is any delay exceeding 24 hours in taking the victim to the Magistrate, the Investigating Officer should record the reasons.
(v) Section 164 A Cr.P.C. inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined.