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Report No. 84

3.15. Amendment of section 160 recommended by insertion of sub¬sections (3) to (7).-

In view of what is stated above, we would recommend the addition of the following provision-say, as new sub-sections-in section 160 of the Code of Criminal Procedure, 1973:

"(3) Where, under this Chapter, the statement of a girl under the age of twelve years is to be recorded, either as first information of an offence or in the course of an investigation into an offence, and the girl is a person against whom an offence under sections 354, 354A or 375 of the Indian Penal Code1 is alleged to have been committed or attempted, the statement shall be recorded either by a female police officer or by a person authorised by such organisation interested in the welfare of women or children as is recognised in this behalf by the State Government by notification in the official gazette.

(4) Where the case is one to which the provisions of sub-section (3) apply, and a female police officer is not available, the officer in charge of the police station shall, in order to facilitate the recording of the statement, forward to the person referred to in that sub-section a written request setting out the points on which information is required to be elicited from the girl.

(5) The person to whom such a written request is forwarded shall, after recording the statement of the girl, transmit the record to the officer in charge of the police station.

(6) Where the statement recorded by such person as forwarded under sub¬section (5) appears in any respect to require clarification or amplification, the officer in charge of the police station shall return the papers to the person by whom it was forwarded, with a request for clarification or amplification on specified matters; and such person shall thereupon record the further statement of the girl in conformity with the request end return the papers to the officer in charge of the police station.

(7) The statement of the girl recorded and forwarded under sub-sections (3) to (6) shall, for the purpose of the law relating to the admissibility in evidence of statements made by any person, be deemed to be a statement recorded by a police officer."1

1. Proposed sections 376A, 373B and 376C, Indian Penal Code could also be added.

2. See further, infra.

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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