Allahabad HC frowns upon legal provisions not being followed in recording statement of rape survivor

It calls for guidelines to be issued to police chiefs to comply with procedure

The Allahabad High Court has expressed displeasure that in a “majority of cases” the legal provisions mandating that the statement of a rape survivor be recorded by a woman officer and that too through audio-video electronic means were not being followed by the investigation officers. The court has directed the Uttar Pradesh DGP and Principal Secretary, Home Department to issue guidelines to all district police chiefs to comply with the provisions within two months. The court also noted that the practice of recording a second statement of the victim under Section 161 of Cr.P.C. after recording her statement under Section 164 was on the “higher side.” And in some cases, “conclusions are drawn by the Investigating Officer on the basis of second statement under Section 161 Cr.P.C, ignoring the statement under Section 164 Cr.P.C,” it said.