Supreme Court guidelines for recording evidence of victim of Sexual offence

 It is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by:

a. Allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment/violence;

b. Allowing the installation of a screen to ensure that the aggrieved woman does not have to see the accused while testifying or in the alternative, directing the accused to leave the room while the aggrieved woman's testimony is being recorded;

c. Ensuring that the counsel for the accused conducts the cross-examination of the aggrieved woman in a respectful fashion and without asking inappropriate questions, especially regarding the sexual history of the aggrieved woman. Cross-examination may also be conducted such that the counsel for the accused submits her questions to the court, who then poses them to the aggrieved woman;

d. Completing cross-examination in one sitting, as far as possible. {Para 35}

 In the Supreme Court of India

(Before D.Y. Chandrachud and J.B. Pardiwala, JJ.)

XYZ  Vs State of Madhya Pradesh and Others 

Criminal Appeal No. 1184 of 2022

Decided on August 5, 2022

Citation: 2022 SCC OnLine SC 1002

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Supreme Court Guidelines for recording evidence of victim woman of sexual offences

  The legislature has, at places, moulded criminal procedure to enable victims of sexual crimes to seek justice. This has been done in recognition of the gravity of sexual crimes and the need to handle such cases in an appropriately sensitive manner. For instance, Section 327 CrPC provides for in camera trials to be conducted with respect to offences punishable under Sections 376, 376A, 376B, 376C or 376D of the Indian Penal Code 1860. {Para 33}

34. This Court, too, has had its role to play in ensuring that justice does not remain inaccessible. In State of Maharashtra v. Bandu @ Daulat,10 this Court directed that special centres be set up in each state in order to facilitate depositions by vulnerable witnesses, including victims of sexual offences. In Smruti Tukaram Badade v. State of Maharashtra,11 a two-judge bench of this Court (of which one of us, Dr. DY Chandrachud, J. was a part) supplemented the directions issued in Bandu @ Daulat (supra) with respect to setting up such special centres.

35. It is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by:

a. Allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment / violence;

b. Allowing the installation of a screen to ensure that the aggrieved woman does not have to see the accused while testifying or in the alternative, directing the accused to leave the room while the aggrieved woman’s testimony is being recorded;

c. Ensuring that the counsel for the accused conducts the cross-examination of the aggrieved woman in a respectful fashion and without asking inappropriate questions, especially regarding the sexual history of the aggrieved woman. Cross-examination may also be conducted such that the counsel for the accused submits her questions to the court, who then poses them to the aggrieved woman;

d. Completing cross-examination in one sitting, as far as possible.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022.

Read full Judgment here: Click here

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Supreme Court: Hold In-Camera Trial In All Sexual Harassment Cases, Apart From Rape Cases

  The legislature has, at places, moulded criminal procedure to enable victims of sexual crimes to seek justice. This has been done in recognition of the gravity of sexual crimes and the need to handle such cases in an appropriately sensitive manner. For instance, Section 327 CrPC provides for in camera trials to be conducted with respect to offences punishable under Sections 376, 376A, 376B, 376C or 376D of the Indian Penal Code 1860.

34. This Court, too, has had its role to play in ensuring that justice does not remain inaccessible. In State of Maharashtra v. Bandu @ Daulat,10 this Court directed that special centres be set up in each state in order to facilitate depositions by vulnerable witnesses, including victims of sexual offences. In Smruti Tukaram Badade v. State of Maharashtra,11 a two-judge bench of this Court (of which one of us, Dr. DY Chandrachud, J. was a part) supplemented the directions issued in Bandu @ Daulat (supra) with respect to setting up such special centres.

35. It is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by:

a. Allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment / violence;

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022.

Read full Judgment here: Click here

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Supreme Court: Magistrate Should Order Police Investigation U/S 156(3) CrPC When Cognizable Offence of sexual harassment Is Prima Facie Found

  We cannot help but note that the police’s inaction in this case is most unfortunate. It is every police officer’s bounden duty to carry out his or her functions in a public-spirited manner. The police must be cognizant of the fact that they are usually the first point of contact for a victim of a crime or a complainant. They must abide by the law and enable the smooth registration of an FIR. Needless to say, they must treat all members of the public in a fair and impartial manner. This is all the more essential in cases of sexual harassment or violence, where victims (who are usually women) face great societal stigma when they attempt to file a complaint. It is no secret that women’s families often do not approve of initiating criminal proceedings in cases of sexual harassment. Various quarters of society attempt to persuade the survivor not to register a complaint or initiate other formal proceedings, and they often succeed. Finally, visiting the police station and interacting with police officers can be an intimidating experience for many. This discomfort is often compounded if the reason for visiting the police station is to complain of a sexual offence. {Para 16}

17. This being the case, the police ought not to create yet another obstacle by declining to register an FIR despite receiving a complaint regarding sexual harassment. Rather, they should put the complainant at ease and try to create an atmosphere free from fear. They ought to be sensitive to her mental state and the fact that she may have recently been subjected to a traumatic experience.

18. Whether or not the offence complained of is made out is to be determined at the stage of investigation and / or trial. If, after conducting the investigation, the police find that no offence is made out, they may file a B Report under Section 173 CrPC. However, it is not open to them to decline to register an FIR. The law in this regard is clear - police officers cannot exercise any discretion when they receive a complaint which discloses the commission of a cognizable offence.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022

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Whether Advocate for accused can be asked to surrender copy of statement of witnesses scribed by him?

In the instant case the Magistrate was fully justified in not compelling the lawyer to surrender his register which contained a part of the privileged communication and even if the lawyer had taken down the evidence in extenso for the limited purpose of using it to defend the accused or cross- examine the witnesses, he could not be prevented from doing so, nor does section 14 contemplate or envisage such a course of action
If it is held that section 14, by using the word 'publication' deprives an accused of getting any copies of the statement of witnesses or of the judgment under section 548 of the Code of Criminal Procedure or Criminal Rules of Practice framed by the High Court then it would be difficult to uphold the constitutional validity of section 14 because in that event the procedure would become extremely unreasonable, harsh and prejudicial to the accused as a result of which the case would have been tried according to a procedure which was not in consonance with the provisions of article 21 of the Constitution. [672G-H] The apprehension that if the accused was allowed access to copies of statements recorded by the police or the Magistrate it would amount to publication, is not well founded. Under the provisions of section 5 of the Act, any person who is found in possession or control of any document or information and makes it public would also be deemed to have committed an offence under that section and would be prosecuted and liable to a heavy penalty. This prohibits even the lawyers from disclosing the evidence outside the Court.

Supreme Court of India

Superintendent & Remembrancer Of ... vs Satyen Bhowmick And Ors on 15 January, 1981

Equivalent citations: 1981 AIR 917, 1981 SCR (2) 661

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