1.5.5) Harassment Free and Time Bound Police Investigation
Procedures for Recording a Survivor's Statement
????? Woman Police Officer Requirement (Section 173, BNS)
According to Section 173 of the Bharatiya Nyaya Sanhita (BNS), the statement of the victim must be recorded by a woman police officer. If the victim is physically or mentally disabled, the officer must arrive at a time decided by the victim and at a place convenient for the victim. This statement should be recorded in the presence of the victim's parents or guardian.
??? Magistrate Recording (Section 164(5A), CrPC)
As per Section 164(5A) of the Code of Criminal Procedure (CrPC), the woman police officer must bring the victim to the court, where her statement is to be recorded by a Magistrate.
?? Special Support for Disabled Victims
If the rape victim is dumb or has a mental disability that makes it difficult to explain the situation, an interpreter or a special educator must be present to understand and convey her signs or communication.
?? Important Note
These procedures ensure that victims are treated with dignity and respect during the investigation process, with special provisions for vulnerable victims including those with disabilities.