Excelsior Correspondent
JAMMU, Feb 15: A four-member committee headed by Advocate General has finalized its recommendations vis-à-vis amendments in the existing laws relating to sexual offences and a detailed note is being submitted to the Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah next week for further necessary action.
Official sources told EXCELSIOR that committee headed by Advocate General, M I Qadiri and comprising Secretary Law, Justice and Parliamentary Affairs, Director Prosecution and Special Secretary Law has completed the task of examining the existing laws relating to sexual offences and has come out with slew of recommendations in order to make various provisions stringent.
Before arriving at conclusion vis-à-vis amendments required in the Ranbir Penal Code, Code of Criminal Procedure and Evidence Act, the Committee has deeply examined the ordinance recently issued by the Union Government, social set-up of the State and all other related factors, sources said, adding “on certain points the committee has gone beyond the provisions contained in the Central ordinance in order to ensure that punishment awarded to the accused involved in sexual offences acts as deterrence for the others.
The Committee has laid down entire procedure required to be adopted right from the registration of case relating to sexual offence till the award of punishment to the accused by the court of law, sources informed, adding it has recommended slew of measures so that the victims don’t get exposed to any sort of mental torture and embarrassment at any stage of the investigation, medical examination and the trial of the cases.
“The Committee has arrived at a conclusion that within 24 hours of the registration of rape case, police has to get the victim medically examined and preferably women cops should accompany the victim to the hospital”, sources said, adding “it has also recommended that investigation of cases relating to sexual offences should be preferably conducted by the women police official or officer”.
As far as investigation and trial of such cases is concerned, the Committee has arrived at a conclusion that entire exercise should be completed within a period of 90 days and courts should conduct trial on day to day basis. “In case the judicial officer finds it difficult to carry out day-to-day trial he should convey the same to the Registrar General of the High Court. Moreover, in case of delay in completion of trial within the stipulated time-frame the judicial officer should explain reasons to the Registrar General”, sources said quoting the recommendations finalized by the Committee.
About the bail in such cases, the Committee has recommended that the same should not be considered without hearing Public Prosecutor and going through the case diary. “The Committee has also suggested that police should be debarred from posing any indecent question(s) to the victims of sexual offences during the course of investigation”, sources said, adding “moreover, the judicial officer should ensure that advocates behave decently while questioning the victims in the court of law”.
Responding to a question regarding the punishment, sources said, “the Committee has suggested different period of imprisonments for different nature of offences. It has recommended minimum punishment of 10 years and maximum of life imprisonment. Moreover, the definition of life-imprisonment has been termed as whole natural life of the convict”.
“The Committee has also suggested that Government should not use its discretionary powers to commute the sentence of the convict after 14 years of imprisonment, which is generally considered as life imprisonment”, sources said, adding “the offences have also been segregated in case of minors”.
In response to a question, sources said, “if accepted by the Minister for Law, Justice and Parliamentary Affairs, the recommendations of the Committee would be placed before the Cabinet for approval and final decision about the mode for carrying out amendments in the existing laws”.
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