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Report No. 172

7.3.1. Insertion of sub-sections (3) and (4) in section 160 of the Code of Criminal Procedure, 1973.-

We recommend that the following two sub-sections be inserted in section 160 of the Code of Criminal Procedure:

"(3) Where under this chapter, the statement of a female is to be recorded either as first information of an offence or in the course of an investigation into an offence and she is a person against whom an offence under sections 354, 375, 376, 376A, 376B, 376C, 376D, 376E or 509 of the Indian Penal Code is alleged to have been committed or attempted, the statement shall be recorded by a female police officer and in case a female police officer is not available, by a female government servant available in the vicinity and in case a female government servant is also not available, by a female authorised by an organisation interested in the welfare of women or children.

(4) Where in any case none of the alternatives mentioned in sub-section (3) can be followed for the reason that no female police officer or female government servant or a female authorised by an organisation interested in the welfare of women and children is available, the officer in charge of the police station shall, after recording the reasons in writing, proceed with the recording of the statement of such female victim in the presence of a relative of the victim."

(paragraphs 4.2.3 & 4.2.3.1, supra)

7.3.2. Modification of the proviso to sub-section (1) of section 160.-

We recommend raising the age mentioned in the proviso to sub-section (1) of section 160 from fifteen years to sixteen years.

(paragraph 4.3, supra)



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