DETERMINING POLICE RESPONSE TO VICTIMS OF SEXUAL OFFENCE- THE ROLE OF VICTIM PREFERENCE
DETERMINING POLICE RESPONSE TO VICTIMS OF SEXUAL OFFENCE-
THE ROLE OF VICTIM PREFERENCE
The underlying object of criminal justice system is to ensure justice according to law. But justice must be to the accused and also to victims of the crime. While protecting and safeguarding the legitimate rights of the accused, the law should not forget that there is another person also who is injured, sufferer and the affected. An ideal system must take care of both, accused as well as victim. Ignorance of one or the other would result in injustice and people lose faith in the entire system.
The criminal justice mechanism begins with the investigation when a police officer either by himself or under the orders of a magistrate investigates into a case.1 Investigation is defined as including all the proceedings under the Criminal Procedure Code for the collection of evidence conducted by a police officer or by any person other than a magistrate authorised by him in that behalf.2 It is the victim of a crime who sets this system in motion by giving information to the police which is expected to be reduced in writing.3The victim as an informant is entitled to a copy of this report free of cost.4Where the police officer in charge of a police station refuses to take action on the report, the victim can then write to superintended of police and thereafter he directs the investigation of the complaint5. Failing these mechanisms the victim can give complaint to the magistrate6 who will in turn examine the complainant on oath and enquire the case himself or direct investigation by the police before taking cognizance7. The victim thereafter does not participate in the investigative process expect being called for identification of the accused 8or any material objects.
The positions of victims who happen to be women or children have not merited the attention it deserves in procedural statutes. The plight of rape victim is compounded by their being held in ‘protective custody’ in
THE ROLE OF VICTIM PREFERENCE
The underlying object of criminal justice system is to ensure justice according to law. But justice must be to the accused and also to victims of the crime. While protecting and safeguarding the legitimate rights of the accused, the law should not forget that there is another person also who is injured, sufferer and the affected. An ideal system must take care of both, accused as well as victim. Ignorance of one or the other would result in injustice and people lose faith in the entire system.
The criminal justice mechanism begins with the investigation when a police officer either by himself or under the orders of a magistrate investigates into a case.1 Investigation is defined as including all the proceedings under the Criminal Procedure Code for the collection of evidence conducted by a police officer or by any person other than a magistrate authorised by him in that behalf.2 It is the victim of a crime who sets this system in motion by giving information to the police which is expected to be reduced in writing.3The victim as an informant is entitled to a copy of this report free of cost.4Where the police officer in charge of a police station refuses to take action on the report, the victim can then write to superintended of police and thereafter he directs the investigation of the complaint5. Failing these mechanisms the victim can give complaint to the magistrate6 who will in turn examine the complainant on oath and enquire the case himself or direct investigation by the police before taking cognizance7. The victim thereafter does not participate in the investigative process expect being called for identification of the accused 8or any material objects.
The positions of victims who happen to be women or children have not merited the attention it deserves in procedural statutes. The plight of rape victim is compounded by their being held in ‘protective custody’ in