Suggestions
1. Definition of rape
2. First Information Report
3. Investigation
4. News
5. Courts
6. Bail
7. Punishments
8. Appeal
9. Mercy Petition
1. Definition of rape
Sexual interactions without the consent of other which involve physical torture, kidnapping, killing, murder, etc by one or more male to a female
Age group of female victim can be categorized from 0-16, 16-18, and above 18
2. First Information Report [FIR]
Upon request of the Victim, not below the rank of Senior Inspector and preferably in the presence of a female officer should lodge the FIR without asking any cross questions.
3. Investigation
Upon reporting FIR, the Senior Inspector shall appoint an Investigation Officer, not below the rank of three star or equivalent to investigate the case.
The Senior Inspector shall be accountable to lodge FIR upon failure, the Victim can file a direct case without medical reports and the Senior Inspector shall be equally responsible for the said cause i.e. the rape and punishment.
The Investigation Officer shall initiate and arrange the medical report at possible as early
The Investigation Officer [IO] shall arrest accuse or accuses for further investigation and shall produce before the Competent Court for remand and further investigation.
The State Government shall provide proper stores to keep the medical reports and evidences.
Investigation Officer shall be accountable to file a charge sheet within 15 days from the date of FIR, upon failing to file charge sheet, the Magistrate shall have to replace the Investigating Officer and have to punish the Investigation Officer for minimum 15 days simple imprisonment and or capital punishment and or suspension for minimum six months, the Magistrate has to follow the guidelines and rules and regulations.
4. News
No publicity through any media, especially no names and identity of the Victim and her family members should be revealed.
5. Courts
Fast Track Courts shall be established for speedy disposal of the cases, wherever possible, and if not possible, the Session Courts shall have the jurisdiction to try the cases.
Each case shall have time frame for speedy disposal, preferably two months,
No adjournment to be soughed and granted by and to the Advocates
Courts can be run in two or three shifts, depending upon the number of case and exigency of the case.
The Magistrate shall take oral or written statement of the Victim at his / her chamber or at hospital or at the Victim’s convenient place as the situation demands; the Magistrate shall not call the Victim in the Court Room.
The advocate of the culprit can examine the Victim in the chamber of the Magistrate in the presence of a NGO run for Female, advocate and relative of the Victim.
6. Bail
No bail shall be granted till the final disposal of the case at trial level.
However, if the prosecutor fails to prove the charges, accuse shall be compensated by the State.
7. Punishments
Two options can be offered to the culprit upon disposal of the case.
Death Penalty along with half assets of the culprit to be transferred in favor of the Victim, if Victim lives or to her mother or other legal heirs;
Or
Culprit’s pennies shall be cut off, an official non removal permanent tattoo on his forehead to be affixed stating that “I am Rapist” with Government stamp, and regular monthly attendance to his nearest police station along with half assets of the culprit to be transferred in favor of the Victim, if Victim lives or to her mother or other legal heirs;
The culprit can choice any of the above punishment from above two options
If the rape done by an anti social elements or known criminals or a person against whom many complaints lodged, then in such case equal punishment is obligatory to the Senior Police Inspector of local police station.
8. Appeal
The culprit can prefer a Writ to the High Court and or a Special Leave Petition to the Supreme Court, no other Courts shall have jurisdiction to entertain an appeal.
There shall no provision of any appeal or revision with the High Court and the Supreme Court.
9. Mercy Petition
The provision for Mercy Petition to the President shall be abolished
Please comment your suggestions to send to Justice Verma at the earliest.
