New Guidelines for Rape matters

New Guidelines for the Authorities
concerned in matters of Investigation and
Prosecution of all Rape matters in Pakistan by SUPREME COURT OF PAKISTAN
(2013 SCMR 203)
Iftikhar Muhammad Chaudhry, C.J.,
Jawwad S. Khawaja and Khilji Arif
Hussain, JJ.
The august Supreme Court of Pakistan has laid
down new guidelines for the authorities
concerned in matters of investigation and
prosecution of all rape matters in Pakistan (at
pp. 218-219):
(a) Every Police Station that receives rape
complaints should involve reputable civil
society organizations for the purpose of
legal aid and counselling. A list of such
organization may be provided by bodies
such as the Nation Commission on the
Status of Women. Each police Station to
maintain a register of such organization of
rape, the Investigating Officer (I.O.)/ Station
House Officer (S.H.O.) should inform such
organizations at the earliest.
(b) Administration of DNA tests and
preservation of DNA evidence should be
made mandatory in rape cases.
(c) As soon as the victim is composed, her
statement should be recorded under
section 164, Code of Criminal procedure,
1898, preferably by a female Magistrate.
(d) Trials for rape should be conducted in
camera and after regular court hours.
(e) During a rape trial, screens or other
arrangements should be made so that the
victims and vulnerable witnesses do not
have to face the accused persons.
(f) Evidence of rape victims should be
recorded, in appropriate cases, through
video conferencing so that the victims,
particularly juvenile victims, do not need to
be present in court.