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Report No. 135

2.11. Section 160(1), Cr. P.C., 1973: Association of women social workers.-

Apart from the above amendments, it would be proper to provide that when a young person below fifteen years or a woman is examined by the police during investigation, a relative or friend of such male person or woman or a representative of a recognised organisation interested in women and children's welfare should be allowed to be present. This point was also considered by the Law Commission in its Report on Rape and Allied offences, which favoured an amendment of section of section 160(1), Cr. P.C., 1973 for the purpose1. In our view, such a change is eminently desirable and we recommend that the following on position should be incorporated in the Code of Criminal Procedure:

"Where during investigation the statement of a male person under the age of fifteen years or of a woman is recorded by a male police officer-either as first information of an offence or in the course of an investigation into an offence, a relative or friend of such male person or woman, and also 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, shall be allowed to remain present throughout the period during which the statement is being recorded."

1. Law Commission of India, 84th Report (Rape and allied offences: some questions of substantive law, procedure and evidence), paras. 3.24 and 3.25 (April, 1980).

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