State of Karnataka by Nonavinakere Police V.Shivanna @ Tarkari Shivanna

State of Karnataka by Nonavinakere Police V.Shivanna @ Tarkari Shivanna

In this vide order dated 30.08.2013 the judges have proposed on the matter as to why the union of India is not taking initiative to improve the trial procedure in the courts. The main issue is the long procedure which normally takes a year at least to give final judgement on any criminal case. Thus the judeges on behalf of Union of India have taken initiative to make amends as to section 161 Cr.P.C. which deals with the statements of the accused to the police. These statements in the cases of rape and gang-rape should be made admissible in the court of law for the reason of fast delivery of judgement by the courts.
The court has passed an order in which in-
(1) any instance of rape the investigating officer shall produce the accused before a metropolitan judicial magistrate preferably a lady magistrate.
(2) The statement of the accused shall be recorder and sealed to be later produced in the court.
(3) The IO shall also make a entry in his diary regarding the statement of the victim and should not tell it to anyone until asked by the court.
These reforms are introduced to reduce the increasing instances of rapes and gang-rapes in the country. By making the statement in front of police admissible the time of the court will be saved and will not be wasted in verifying the accused and witness in the court which is the main reason for increasing the period of trial.
Hence, the court took advice from various legal counsels, legal fraternity and law commission of India and the states. Everyone agreed with the decision of making the statement of accused admissible in the cases of rape. Thus, the supreme court issues notification to all the state, bar councils, law commission of states, legal secretary of states and the police to make a note of this ammend and apply in their cases…read more