HC issues strict guidelines on sexual crimes: Zero FIR, ‘No 2-finger’ test

Roshan Kumar
Ranchi

The Jharkhand High Court issued 19 strict directives—to be implemented immediately—to the state government, police, and relevant departments, aimed at ensuring better protection of victims’ rights, speedy justice, and rehabilitation in cases of sexual violence and those under the POCSO Act.

A division bench comprising Chief Justice MS Sonak and Justice Rajesh Shankar clearly stated that negligence in such cases would not be tolerated; responsible officials could face disciplinary action and even the registration of an FIR against them.

The Court directed that a ‘Zero FIR’ be registered without delay upon receiving any complaint of sexual violence. Strict action will be taken against any police personnel who refuses or delays the registration of an FIR.

The order also directed the Jharkhand government to issue a circular prohibiting the “two-finger test” in all government and private hospitals/medical institutions, with a further direction that any violation of the said circular will be treated as professional misconduct and the erring person will be liable to be strictly dealt with in accordance with law.

The court noted that it is the responsibility of the concerned police officers to deal with the victims of rape with all sensitivity. It added that the statement of the victims should preferably be recorded by a woman police officer not below the rank of sub-inspector.

The Court directed to ensure strict compliance with the provisions of Section 173 of the BNSS, 2023, and, for that purpose, to issue necessary directions to all the police stations as well as to make periodic monitoring to see the compliance.

In the event of any police officer failing to comply with the directions, appropriate steps shall be taken for initiation of penal as well as departmental action against such erring officer in accordance with law.

The matter originated as a PIL filed by a woman seeking various directions for the protection and rehabilitation of rape survivors. It included the issuance of a direction for the concerned respondent authorities to register a zero FIR, irrespective of the jurisdiction of the incident, and to transfer the same to the appropriate police station without any delay or geographical restriction.

As per Court directives, first aid must be provided to the victim immediately after the incident, and medical as well as forensic examinations must be completed in a time-bound manner. Special guidelines have been issued to ensure the victim’s privacy and dignity are maintained throughout the investigation.

Dedicated investigating officers should be appointed under the supervision of SP/ASP-rank officials to ensure a fair and speedy investigation. The Court has taken a serious view of unnecessary delays in investigations, as such delays risk the destruction of evidence.

The Court also stressed on need for physical training for girls/women to protect themselves such as under Rani Laxmi Bai Aatma Raksha Prashikshan (RAKSHA)’ under the “Samagra Shiksha Scheme” provides for the self-defence training component under “India’s Flagship Integrated School Education Programme” among others. The girls are trained to use everyday articles such as a keychain, dupatta, Stole, mufflers, bags, pen/ pencil, notebook, etc., as weapons of opportunity/improvised self-defence weapons for their safety.

The Court directed that free and compulsory education is imparted to the children born out of rape incidents till Class XII and ensure that those meritorious students, who are later on selected in premier government institutes like IITs, NITs, AIIMs or IIMs, etc., are provided scholarships by the state government. The Court also issued directives for timely trial such as immediate legal aid must be provided to the victims by trained lawyers who will interact with the victims with all sensitivity and not as mere clients among others.