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Report No. 84

XI. Other Points Concerning Investigation

3.33. Other points made in suggestions.-

At this stage, we may also note a few other points concerned with investigation on which improvements have been suggested in the views expressed orally before us or in written points handed over to us. These may be enumerated briefly-

First, offences of rape etc. should be promptly registered. Secondly, in such cases the officer-in-charge of a Police Station must proceed to investigate the offence in person and shall not depute any subordinate of his to make the investigation. Thirdly, a copy of the information lodged must forthwith be forwarded to the nearest Magistrate whether such Magistrate is empowered to take cognisance or not.

Fourthly, such Magistrate on receiving the information should be empowered to issue directions regarding investigation of the case until cognisance is taken by a Magistrate who is empowered to take cognisance of the offence. Fifthly, in Presidency towns and district towns or Sub-Divisions, investigation should be made by an officer not below the rank of a Deputy Superintendent of Police. Some of these points have been already dealt with.1 The rest seem to be concerned with matters proper for administrative action, rather than for legal amendment.

1. E.g. para. 3.28, supra.

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

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