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Report No. 84

VII. Social Workers

3.22. Association of women social workers with investigation.-

Another aspect of investigation on which emphasis has been placed by one of the women's organisations during our oral discussions with them is the need to associate women social workers with investigation into cases relating to rape and allied offences. After giving the matter deep thought, we find it difficult to accede to the suggestion.

Under our system of procedure, investigation is primarily in the hands of the police officer. Cognisance of offences can, no doubt, be taken by the competent Magistrate directly on a complaint1 made by any person (generally speaking, that person need not even be the victim of the offence). But even the Magistrate to whom such a complaint is made would not have adequate investigative machinery at his disposal. He will also have to depend generally2 on the police for the purpose, the only difference being that an investigation so directed by the Magistrate who has taken cognisance on a complaint remains-in certain respects-subject to the orders of that Magistrate.

1. Section 190(1), Code of Criminal Procedure, 1973.

2. Section 202(1), Code of Criminal Procedure, 1973.

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

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