Skip to main content

legal opinion- disclosing rape victim identity

                               SHORT NOTE ON COUNSELLING 

FACTS:

Kanchan a rape victim has been summoned to appear in the court to depose as witness in support of the prosecution case filed on her complaint. She is nervous & is in double mind. She is very much conscious of her identity being known to the world & she is worried as to its adverse effect on her marriage, whose negotiation are in progress.

ISSUE:

Whether she can drop the case as she is conscious of  her identity being known to public or there is any provision in law so that she can witness without disclosing her identity.

LEGAL ASPECT:

Law provide harassment free & time bound investigation in the case of rape. Section 154(1) of the code of Criminal Procedure provided that the information given by a women against whom an offence of sexual assault has been committed. Such information shall be recorded by a women police officer or any women officer. Section 157 of Code of Criminal Procedure provided that the statement of the victim in relation to the offence of rape shall be conducted at the residence of the victim or in the place of her choice by a women police officer in the presence of her parents or guardian. 

Statement of the Rape victim shall be recorded by women magistrate in the chamber of women magistrate under section 164 (5-A) of Code of Criminal Procedure. If the victim or witness is mentally or physically disabled than analizer, educator, interpreter or socializer shall be appoint to decode the sign language of the victim or witness. It is recommended that any offence related to sexual assault shall be tried as far as practicable by the court presided over by a women magistrate or judge. 

Rape victim has right to trial with full dignity, speed & protection. No question should be asked that resulted into the character assassination, no question should be asked related to prior sexual history of the rape victim or witness. 

Section 327 of code of Criminal Procedure provided that the inquiry into and the trial of rape victim shall be conducted in cameras as far as practicable by a women judge or magistrate. Section 327 (3) of Code of Criminal Procedure do not allow publication of the proceeding subject to maintaining confidentiality of name & address of the parties. If a person want the recording of the proceeding, required written permission from the judge or magistrate stating reason for what purpose recording shall be used. 

Section 173(1A) of the code of Criminal Procedure prescribed that the investigation shall be completed within 2 months from the date on which the information was recorded. Under section 309(1) of Code of Criminal Procedure prescribed that trial to be completed in 2 months from the date of filing of the charge sheet. The rape victim has the right to check on the court schedule program of 2 months trial duration under section 230 of Code of Criminal Procedure.

 In the case state of Kerala V. Rasheed (2019) Supreme Court held that witness should not be manipulated by the accused or anyone for that reason police should take care of full protection of the victim or witness from courtroom to their Home. No confrontation between the parties should be allowed for that matter individual waiting rooms in the court shall be allotted to both the parties. In case of threat police can install Cameras in the house of the victim & witness or relocate witness and victim to secret location in required.  In the case of Mahendra Chawala V. UOI (2018) witness protection scheme has been released which contain guidelines for the protection of witness in the cases of heinous crimes.

As far as identity of witness is concerned, if the witness did not want to disclose his/her identity, they shall be assigned with an new identity by the court.  

Evidence should be present in the court in the presence of accused, accused shall be informed about the evidence by electronic form if required. 

OPINION:

In my opinion Kanchan should not drop the case but witness the trail without disclosing her identity. She shall be assigned a new identity in that way she can avoid threats and she is unknown to the world. 

                 


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...