FIR or zero FIR, time-bound action must in crimes against women: MHA

NEW DELHI: Taking cognisance of recent crimes against women in Uttar Pradesh’s Hathras and other states, the Ministry of Home Affairs (MHA) has issued an advisory to all states and Union Territories (UTs) directing them for “mandatory” and “time-bound” police action in such cases with compulsory registration of First Information Report (FIR).

It has further warned that any failure on the part of the police to adhere to the mandatory requirements in crime against women will be inquired and necessary action will be taken immediately against the concerned officers responsible for the lapses.

The advisory says, “It is requested that states and UTs may suitably issue instructions to all concerned to ensure strict compliance with the provisions in the law. However, even with stringent provisions in law and several capacity building measures undertaken, any failure of police to adhere to these mandatory requirements may not augur well for the delivery of criminal justice in the country, especially in context of women safety. Such lapses, if noticed, need to be investigated into and stringent action taken immediately against the concerned officers responsible for the same.”

The states and the UTs have also been requested to monitor the cases on the Investigation Tracking System for Sexual Offences (ITSSO) to ensure that suitable follow up action is taken on the chargesheet of the guilty in a timely manner as required in the law.

Compulsory registration of FIR in case of cognisable offence under subsection (1) of section 154 of the Code of Criminal Procedure, 1973 (CrPC) was advised to the states and the UTs. The law also enables the police to register FIR or a “Zero FIR” (in case the crime is committed outside the jurisdiction of police station) in the event of receipt of information on commission of a cognisable offence, which includes cases of sexual assault on women, says the advisory.

“In order to facilitate the state police to monitor compliance, in this regard MHA has provided an online portal called Investigation Tracking ITSSO for monitoring the same. This is available exclusively to law enforcement officers. Section 164-A of CrPC provides that in rape or sexual assault investigation the victim shall be examined by a registered medical practitioner under consent within 24 hours from the time of receiving the information relating to the commission of such offence,” it said.

States have also been asked to monitor cases on the Investigation Tracking System