Question : CONVICTION RATE



(a) whether as per the country`s first crime survey, the conviction rate with regard to rape is very low;

(b) if so, the details thereof and the reasons therefor;

(c) the extent to which the crippling shortage of police officials and poor training facilities have resulted in low conviction rate; and

(d) the remedial measures taken by the Government in coordination with the States to improve the situation and increase the conviction rate?

Answer given by the minister


MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI R.P.N SINGH)

(a)to (d) Ministry of Home Affairs is not aware of any such specific crime survey. However, as per the information provided by the National Crime Records Bureau (NCRB), State/UT wise details of rapes including cases registered, cases charge sheeted, cases convicted, persons arrested, person charge sheeted and persons convicted for the years 2009, 2010 and 2011 respectively are given at Annexure. It is evident from the NCRB data that the conviction rate in cases of rape is on the lower side.

There are various reasons, apart from the shortage of officials and inadequate training, which are responsible for low conviction rate in cases of rape. Lack of forensic infrastructure, judicial delays etc. are some major reasons for poor conviction rate.

As per Seventh Schedule, ‘Police’ and ‘Public Order’ are State subjects under the Constitution, and as such the primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against women, lies with the State Governments and Union Territory Administrations. Ministry of Home Affairs has sent a detailed advisory on 4th September, 2009 to all States /UTs, wherein they have been, inter-alia, advised to adopt appropriate measures for swift and salutary punishment to the persons found guilty of violence against women, no delay in registration of FIRs, improve the quality of investigations, minimize delays in investigations of crime against women, especially in heinous crimes like rape, set up ‘Crime against Women Cells’ in districts, advised to undertake gender sensitization of the police personnel and special women courts. Majority of the States/ UTs have established ‘Women Cells’. Some States/UTs have also set up ‘All Women Police stations’ at district level and ‘Mahila /children help desk’ at police station level.