Document Fragment View

Matching Fragments

The relevant provisions of Cr.P.C., which clear the air on the issue are as follows ; Section 154(1) Cr.P.C., reads as follows ;

154 (1) Information in cognizable cases.

1.(1)Every information relating to the commission of a cognizable offence, if given orally to an officer-in- charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. [Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] [Inserted by Criminal Law (Amendment) Act, 2013 /section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer;

Provided further that-

(a)in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D section 376, [section 376A, section 376AB section 376B, section 376C. section 376D, section 376DA, section 376DB.] [Substituted 'section 376A, section 376B, section 376C, section 376D,' by Criminal Law (Amendment) Act, 2018 (22 of 2018), dated /1.8.2078./section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then /720// such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be;