(a) whether the Government intends to fix a deadline for deciding rape cases in the country;
(b) If so, the details thereof;
(c) If not, the reasons therefor;
(d) Whether the Government of Andhra Pradesh has proposed to provide for expeditious trial of rape cases within 21 days and if so, the reaction of the Government in this regard; and
(e) the details of the other measures being taken to ensure speedy delivery of justice in cases of heinous crimes against women?
MINISTER OF LAW AND JUSTICE,
COMMUNICATIONS AND ELECTRONICS AND INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) to (e): A Statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA STARRED QUESTION NO. 229 FOR ANSWER ON 10/03/2021.
(a) to (c) (i)The Criminal Law (Amendment) Act, 2018, inter alia,prescribes timelines for investigation, inquiry, trial and appeal in respect of rape cases. Section 173 (1A) of the Code of Criminal Procedure (Cr.P.C.)prescribes two months time limit for completion of investigation. Section 309 of Cr.P.C.prescribes two months time limit for completion of inquiry or trial . Section 374 and section 377 of Cr.P.C. prescribe six months time limit for disposal of appeal filed by the convicted person and the State Government, respectively;
(ii) Section 35(1) of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) provides that the evidence of the child shall be recorded within thirty days of the Special Court taking cognizance of the offence. Section 35(2) of POCSO Act provides that the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
(d) The Criminal Laws (Andhra Pradesh Amendment) Bill, 2019 was circulated to the Central Ministries/Departments for their comments which have been shared with the State Government on 19th February, 2021. As on date, the said Bill is pending with the State Government of Andhra Pradesh for want of requisite clarifications. The Bill proposes to insert sub-section (1B) in section 173 in the Cr.P.C. to complete investigation within seven working days from the date on which the information is recorded by the officer-in-charge of the police station. It also proposes to insert sub-section (1A) in section 309 in the Cr.P.C. to complete inquiry or trial within fourteen working days from the date of filing of the charge sheet.
(e) Currently, there are 616 Fast Track Special Courts (FTSCs) including 330 exclusive POCSO courts functional over 25 States/Union territories. These courts have disposed 39,653 cases of rape and POCSO Act till January, 2021.Besides advisories (available at www.mha.gov.in) being issued to the State/Union territories administrations from time to time to deal with crimes against women, the Union Government has taken the following measures for women safety:
(i) Emergency Response Support System providing a pan-India single internationally recognised number (number 112) based system for all emergencies.
(ii) Launched Cyber crime reporting portal.
(iii) Sanctioned ‘Safe City Projects’ in 8 Cities in first Phase.
(iv) Launched Online analytic tool “Investigation Tracking System for Sexual Offence” .
(v) Undertaken upgradation of Forensic Science infrastructure.
******