Thiruvananthapuram; State police chief Loknath Behera has directed all police officials to mandatorily record statement of victims of sexual offences before a magistrate immediately on receiving information regarding the offence. The fresh directive has been issued after noticing laxity on the part of police officials in immediately recording the statement in such cases. This laxity could also affect the case in due course, said sources at police headquarters.
Section 164(5A) of the Code of Criminal Procedure mandates recording the statement of victim of sexual offences immediately after the offence comes to the notice of the police. The statement has to be recorded before a magistrate in an in-camera proceeding. Exemptions are given only in cases of adverse medical condition of the victim.
There have been many instances where police officials were found to be delaying recording of the statement. This may weaken the case, especially during the trial stages, police sources said. Recording statement before magistrate is mandatory in case of assault or criminal force to woman with intent to outrage her modesty (IPC 354), rape (IPC 376) and insulting modesty of woman by word, gesture or act (IPC 509).
