In a latest
special police circular released on 12 Aug (circular no. 27/2013) related to
sexual offences against children and women following are the updates:
- Sexual harassment, abuse or offence case against a boy or a
girl of 18 or less is to be filed under Protection of Children from Sexual
Offences (POCSO) Act, 2012.
- The same for a woman who is above 18 is to be registered
under Indian Penal Code under sections 354/A/B/C/D, 376/A/B/C/D/E and 509.
- It is not mandatory for a victim to file the FIR. The
incident can be reported by any person. Police must record the FIR the moment
an incident is reported without waiting for the aggrieved to appear.
- If victim or aggrieved appears in person to report the
incidence, FIR must be recorded/ registered by a woman police office and in
absence of a woman police officer it has to be done by any woman office.
- If the victim is mentally or physically disabled
(temporarily or permanently), who has to report about an incident with her or
an attempt of an offence, she does not need to come to police station to get an
FIR recorded. Instead a police officer is required to reach at the location
where victim is available to register FIR along with an interpreter or a
special counselor/ educator.
- The copy of FIR is to be provided instantly, the moment an
incident is reported. There is no cost to be incurred by victim or informant to
get a copy of FIR.
- Any police officer, who refuses or delays in registering an
FIR for such incidents, is severely punishable under IPC Section 166A (c).
- Even if the incident has not happened in the jurisdiction
of a police station where the incident is being reported, refusal to register
an FIR by a police officer there is again against law. A Zero FIR is to be
registered there and then only and must be immediately transferred to the
relevant police station that covers the area where incident has happened.
- Victim must be provided first aid and medical assistance/
treatment without any charges by all public and private hospitals where the
victim has been taken post offence.
- Medical examination of the reported victim is to conducted
within 24 hours of the reporting of offence/ incident by a registered medical
practitioner.
- Victim’s statement is to be recorded at her residence or
any other place of her comfort in presence of her parents/ guardians/
relatives/ local social reformers/ known person. The recording is to be done by
a woman police officer or any woman office.
- In case of a mentally or physically disabled child victim,
in addition to above, presence of a special educator or a person with whom the
child can communicate comfortably. Experts and professionals in this field can
be approached by police for assistance in such cases.
- In case of a child victim, the woman police officer has not
to be in uniform and ensure that accused is not around the victim.
