A word of advice to the Delhi police

Source– The post is based on the article “A word of advice to the Delhi police” published in “The Indian Express” on 6thJune 2023.

Syllabus: GS2- Mechanisms, Laws, Institutions for the Protection and Betterment of Vulnerable Sections.

Relevance- Issues related to sexual harassment

News- The protest by India’s medal winning wrestlers has been in the news for long. Two cases of sexual harassment are registered by the Delhi police against the president of the Wrestling Federation of India.

The cases were under the Protection of Children from Sexual Offences (POCSO) Act and the relevant sections of the Indian Penal Code.

Is delay in registering have impact on prosecution process and legal proceeding in sexual harassment case?

At the stage of the registration of the FIR, the mandate of the Supreme Court in Lalita Kumari vs Govt. of Uttar Pradesh and others (2014)) should be considered.

Once a cognizable offence is made out under Section 154 of CRPC, the police have to mandatorily register the FIR.

The veracity of allegations cannot be inquired into before registering an FIR. In case the delay in reporting the matter is over three months, the reasons for the delay are to be explained satisfactorily.

A mere delay in an FIR is no ground to discard the victim’s allegations, if the truthfulness of the explanation for the delay is established in the court. Otherwise, it may need corroboration with additional and credible evidence.

What is the legality of narco-analysis tests?

Such tests are conducted either on a suspect or on a witness but not on a victim under conditions laid down in Selvi vs State of Karnataka (2010).

The truthfulness of the allegations cannot be established with the aid of such tests. The credibility of the statement of the victim is tested through a thorough cross-examination.

However, such tests administered on the accused may help in a further investigation if some information or material is discovered after such tests.

What are legal aspects related to the arrest of the accused in this case?

Allegations realted to sexual assault at the workplace attract Section 8 or Section 10 or Section 12 of the POCSO Act in the case of a minor victim. It will attract Section 354 of the IPC in case of other victims.

In none of these sections, the punishment is more than seven years of imprisonment. Therefore, according to CrPC, arrest is not mandatory unless there is material evidence to show the possibility of tampering of evidence or making any threat.

Since the accused is an influential person, these apprehensions mentioned above may not be ruled out. However, there need to be reasons and material to justify the arrest.

What is the way forward for Delhi police and prosecutors in this case?

The best option available with the Delhi police is to complete the investigation quickly and have the final report in court.

For offences punishable with imprisonment of less than 10 years, investigation needs to be completed in 60 days after arrest . Since no arrest has taken place, this provision is not applicable in the given cases

For the minor victim, there is also a presumption in favour of prosecution under the POCSO Act. It will be for the accused to prove that he did not commit the offence.

When the victims are insistent in their allegations and are protesting for justice, the allegations cannot be said to be false. However, the court may still frame charges and proceed with the trial.

The ultimate decision to proceed with the trial or not to, and frame charges would be taken by the judicial magistrate after deliberations. Any delay in investigation will have adverse consequences and shake public confidence in the Delhi police.