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AALI - Association For Advocacy and Legal Initiatives

State of Karnataka vs. Shivanna

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.

[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. … [T]he 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…reduce the duration of trial and thus offer a speedy remedy.

Paragraph 2 and 4State of Karnataka vs. Shivanna(2014) 8 SCC 913