Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 376 - Rape - Consistent recurrence of rape and gang rape all over the country Penal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Penal Code, 1860 - s. 376 - Rape - Consistent recurrence of rape and gang rape all over the country including the metropolitan cities - Reform in Code of Criminal Procedure - Requirement of - Fast track procedure for dealing with cases of rape and gang rape - Medical Examination of the victim - Power exercised by Supreme Court u/Art.142 of the Constitution - Interim directions issued in the form of mandamus to all the police stations in charge in the entire country - Upon receipt of information relating to commission of offence of rape, the Investigating Officer to take immediate steps to take the victim to any Metropolitan/preferably Judicial Magistrate for recording her statement u/s. 164 CrPC - A copy of the statement u/s. 164 CrPC to be handed over to the Investigating Officer immediately with a specific direction that the contents of such statement u/s. 164 CrPC be not disclosed to any person till charge sheet/report u/s. 173 CrPC is filed - The Investigating Officer, as far as possible, to take the victim to the nearest Lady Metropolitan/preferably Lady Judicial Magistrate - The Investigating Officer to 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 - If any delay exceeding 24 hours in taking the victim to the Magistrate, the Investigating Officer to record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate - s. 164-A CrPC inserted by Act 25 of 2005 in Cr.P.C. imposes obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined - A copy of the report of such medical examination to be immediately handed over to the Magistrate who records the statement of the victim u/s. 164 CrPC - Code of Criminal Procedure, 1973 - ss. 164, 164A and 173 - Constitution of India, 1950 - Art. 142. |
Judge | N/A |
Neutral Citation | 2014 INSC 345 |
Petitioner | State Of Karnataka By Nonavinakere Police |
Respondent | Shivanna @ Tarkari Shivanna |
SCR | [2014] 5 S.C.R. 812 |
Judgement Date | 2014-04-25 |
Case Number | 5073 |
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