Criminal Procedure to be more Victim Friendly

The Cabinet has just cleared Amendments to the Code of Criminal Procedure which are supposed to make the law more victim friendly. The proposed amendments include:

1. having women judges hear rape cases as far as is practicable
2. recording the statements of victims at places of their choice whether at their own homes or at that of their relatives and in the presence of a woman officer
3. allowing victims to appeal against acquittals
4. allowing victims to be questioned in the presence of their parents or social workers from the locality
5. disposing rape cases within a period of two months if possible
6. completing investigations of child rape within three months from the date on which the officer-in-charge of a police station records information
7. lifting the ban on the publication of the proceedings of rape trials subject to keeping the identity of the parties confidential
8. commuting capital punishment of a pregnant convict to life imprisonment
9. requiring police officers to clearly identify themselves while making an arrest
10. providing for prosecuting witnesses who turn hostile to be prosecuted and possibly sentenced to a maximum of two years’ imprisonment

Whether the proposed Amendments many of which are supposed to help women will actually be useful if they become law remains to be seen. The Domestic Violence Act, 2005 which came into force on 26 October, 2006 is apparently not being used much. In fact, an officer seeking anonymity said to the Telegraph: “When a woman comes to us, we try to solve her problem by threatening the accused with legal consequences. If that doesn’t work, we lodge an FIR.” [1]

Unless laws are utilised, it doesn’t particularly help to have enacted them.

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