Supreme Court Says Statements Of Rape Victims Should Not Be Disclosed Before Filing Charge Sheet. We Think This Is A Good Decision!

By Ritu Sanghvi Updated November 03, 2022 6:01 PM

For a woman to go out there and file a complaint and tell the world that she is a rape victim, is already too difficult and too much to handle. And the process of filing a complaint is another nightmare, to begin with. However, there is no denying that the Supreme Court and the government is taking steps to make this process a lot easier and as comfortable as they can. In fact, Supreme Court recently again emphasized the fact that the statement of a rape victim should not divulge to anyone – including the accused – until a charge sheet or final report has been submitted.

The Supreme Court (SC) bench consisting of CJI UU Lalit and Justice Bela M. Trivedi further reiterated the fact that the statement made by a rape victim under Section 164 CrPC should not divulge to anyone – even the accused – until a charge sheet or final report has been submitted.

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The statement by the SC came when they were hearing a contempt petition that pointed out a breach of mandatory instructions issued. The bench also suggested that the High Courts change the Criminal Practice and Trial Rules in such a manner that it incorporates the provisions that are compatible with these decisions’ directives.

Also Read: 3 Uttar Pradesh Cops Suspended For Providing Rape Accused Access To A Phone. Why Not Treat Him To Lunch Date As Well, Huh?

As per reports, the SC bench said, “In theory what is projected in the contempt petition is quite correct that is to say despite authoritative pronouncements and directions issued by this Court, the copy was applied for and furnished to the accused. Further, the copy of the statement under section 164 of CrPC was extensively referred to in the proceedings before the Court. It is quite unfortunate that the concerned Court also did not notice the violation of the directions issued by this Court.”

I honestly, like this practice. This makes it safer for rape victims to say things openly and live without fear of what would happen if the statement was out. What it basically does is creates a relatively safe space for the rape victim.