Lok Sabha Question No. 229 (STARRED), answered on 2021-03-10
Subject: Fixing Deadline for Deciding Rape Cases
Ministry: LAW AND JUSTICE
Asked by: Kotagiri Sridhar, Beesetti  Venkata Satyavathi

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK     S A B H A

## TO BE ANSWERED ON WEDNESDAY, THE 10 TH  MARCH, 2021.

## STARRED QUESTION No. 229 FIXING DEADLINE FOR DECIDING RAPE CASES

## *229. SHRI SRIDHAR KOTAGIRI: DR.BEESETTI VENKATA SATYAVATHI:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  Government  intends  to  fix  a  deadline  for  deciding  rape  cases  in  the country;
- (b)
- (c)
- If so, the details thereof;
- If not, the reasons therefor;
- (d) Whether  the Government  of Andhra  Pradesh has proposed to provide for expeditious  trial  of  rape  cases  within  21  days  and  if  so,  the  reaction  of  the Government in this regard; and
- (e) the details of the other measures being taken to ensure speedy delivery of justice in cases of heinous crimes against women?

## MINISTER OF LAW AND JUSTICE,

## COMMUNICATIONS AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) to (e): A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA STARRED QUESTION NO. 229 FOR ANSWER ON 10/03/2021.

- (a) to (c) (i)The Criminal Law (Amendment) Act, 2018, inter alia, prescribes  timelines  for  investigation,    inquiry,  trial  and appeal in respect of rape cases. Section 173 (1A) of the Code of Criminal  Procedure  (Cr.P.C.)prescribes  two  months  time  limit for completion of investigation. Section 309 of Cr.P.C.prescribes two  months  time  limit  for  completion  of    inquiry  or  trial  . Section 374 and section 377 of Cr.P.Cprescribe  sixmonths time limit for disposalof appealfiled by the convicted person and the State Government, respectively;
- (ii) Section 35(1) of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) provides that the evidence of the  child  shall  be  recorded  within  thirty  days  of  the  Special Court taking cognizance of the offence. Section 35(2) of POCSO Act provides that the Special Court shall complete the trial, as far  as  possible,  within  a  period  of  one  year  from  the  date  of taking cognizance of the offence.
- (d) The  Criminal  Laws  (Andhra  Pradesh  Amendment)  Bill,  2019 was circulated    to  the  Central  Ministries/Departments  for  their comments which   have been shared with the State Government on  19 th February,  2021.      As  on  date,  the  said  Bill  is  pending with  the  State  Government  of  Andhra  Pradesh  for  want  of requisite clarifications. The Bill proposes to insert sub-section (1B) in  section 173 inthe Cr.P.C. to complete investigation within  seven  working  days  from  the  date  on  which  the information  is  recorded  by  the  officer-in-charge  of  the police station. It also proposes to insert sub-section (1A) in

section  309  in  the  Cr.P.C.  to  complete  inquiry  or  trial within  fourteen  working  days  from  the  date  of  filing  of the charge sheet.

- (e) Currently,  there  are  616  Fast  Track  Special  Courts  (FTSCs) including  330  exclusive  POCSO  courts  functional  over  25 States/Union  territories.    These  courts  have  disposed  39,653 cases of rape  and  POCSO  Act  till  January,  2021.Besides advisories  (available  at  www.mha.gov.in)  being  issued  to  the State/Union territories administrations from time to time to deal with crimes against women,  the Union Government has taken the following measures for women safety:
- (i) Emergency  Response  Support  System  providing  a  pan-India single  internationally  recognised  number  (number  112)  based system for all emergencies.
- (ii) Launched  Cyber crime reporting portal.
- (iii) Sanctioned 'Safe City Projects' in 8 Cities in first Phase.
- (iv) Launched  Online  analytic  tool  'Investigation  Tracking  System for Sexual Offence' .
- (v) Undertaken upgradation of Forensic Science infrastructure.

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