Facts
The current case arises from a special leave petition steps qua procedures for fast track justice to be adopted by the Investigating Agencies and the Fast Track Courts by proposing amendments into the Code of Criminal Procedure for speedy justice to the victim.
Judgment
The Court issued notice to the law commission of India and Union of India to elicit a response on proposed amendments to the CrPc. They also issued notice to members of the legal fraternity to get feedback. Based on responses received, exercising powers Under Article 142 of the Constitution, the court issued interim directions in the form of mandamus to all the police station in charge in the entire country to follow the following directions: 1) Investigating Officer to take the victim to a Metropolitan or Judicial Magistrate for a statement under Section 164 Code of Criminal Procedure within 24 hours and if there is a delay exceeding 24 hours, the officer must record the reasons in a case diary and hand over a copy. 2) The Investigating Officer shall as far as possible take the victim to the nearest Lady Metropolitan/preferably Lady Judicial Magistrate. 3) The officer must not disclose the contents of the statement until the charge sheet is filed. 4) The officer must record the date and time of the victim’s rape commission and the time they took her to the Magistrate, preferably a lady Judicial Magistrate. 5)Section 164A mandates the officer to have the victim medically examined immediately, and a copy of the report should be handed over to the Magistrate who records the 164 statement of the victim.