Question : PENDING CASES OF CRIME AGAINST WOMEN



(a) whether a large number of cases of rape, dowry death, molestation under Section 498A of the Indian Penal Code, abduction and kidnapping are pending in the trial courts in the country;

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

(c) whether more than 75 per cent of those accused of rape walk away scot free in the country; and

(d) if so, the reaction of the Government in this regard?

Answer given by the minister


MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI KRISHNA TIRATH)

(a) & (b): As per the National Crime Records Bureau (NCRB) data, the number of pending trial cases of rape, dowry death, molestation, Section 498A of the Indian Penal Code, abduction and kidnapping for the year 2011 are as under:-

Crime head	Total no of cases for trial including	Pending trial at the	pending cases from previous year	end of the year

1. Rape 95,065 79,476

2. Dowry Death 35,805 29,669

3. Molestation 1,92,860 1,62,277

4. Section 498A 3,87,690 3,39,902

5. Abduction and 1,10,096 95,074 Kidnapping

The reasons for high pendency of cases may be because of factors such as increase in the number of cases being filed due to people becoming more aware of their rights, numerous adjournments etc.

(c) & (d): As per the NCRB data for 2011, the conviction rate in cases of rape was 26.4%. The reasons for low conviction of rape cases may be due to delay in reporting of rape cases due to societal pressure and the consequent loss of evidence, attitude of the law enforcement agencies towards the victim, delay in gathering of evidence etc. The Government has sought to address this issue through amendments in the Code of Criminal Procedure, 1973 in the year 2005 and 2008 which include provisions for safeguarding the rights of the victim during the process of investigation and trial, including trial of rape cases by a woman judge, timely completion of rape trials, recording of victim’s statement at her residence etc.