Standard Operating Procedure (SOP) For Investigation of Rape Cases

This Delhi SOP is the series of steps that must be followed when a case of sexual assault is presented.

Registration of FIR 

• All material information/factors which are directly connected with the crime or are likely to form important evidence. 
• Investigation shall be monitored by the DCP of the District concerned, Initial Special Reports, giving details of facts of the case, evidence available, instructions to IOs etc. shall be issued by gazette officer within 72 hours of occurrence, similarly Continuation Special Reports are required to be issued about the progress of investigation every fortnightly. 
• Investigation shall be conducted by a woman officer. 
• The DCP/In-charge of the District shall give the investigating officer proper instructions/guidance from time to time. 

Handling of victim

• The victim should be handled with utmost sympathy and sensitivity.
• While talking to the victim, her psychology should be observed carefully. Proper account of the incident should be recorded in plain and simple language as early as possible in the informant’s own words. 
• If the complainant while making oral report suspects or alleges against a particular person, the ground on which suspicion is based be ascertained tactfully. 
• The lady investigating officers should be very cautious while talking to the victim. NGOs can be of immense help. 
• The victim as well as the accused person(s) should be sent for medical examination after preparing the injury sheet. 
• A rape victim above 12 years of age can only be examined after her written consent. 
• A rape victim under 12 years of age can be examined only after a written consent from her parents/guardians. 
• The victim should be medically examined only by a lady doctor. 
• The victim should not be called at the Police Station. 
• Efforts should be made to get the statement of victim recorded U/s 164 Cr P C at the earliest.

Inspection of the Scene of Crime 

• It shall be the foremost duty of the I.O. to safeguard the scene of crime so that clues available at the scene of crime may not be disturbed. 
• The scene of crime should be thoroughly inspected clock-wise and all out efforts should be made to collect maximum evidence from the spot. 
• The exhibits collected/lifted should be properly packed/preserved, sealed and sent to FSL for chemical analysis. 
• It is imperative that the scene of crime must be photographed from all angles 
• The site plan of the place of occurrence shall be drawn correctively indicating distance among items found at the spot. 
• Collection and packing of evidence from spot should be done with utmost care and without loss of time. 
• Provision for DNA analysis at an appropriate time be also kept. 

Collecting Evidence from Suspect
A) When suspect is known to victim:

• Rebuttal or corroboration of facts as alleged by victim to be done after carefully examining the whole circumstances and by continuously keeping the trauma of victim in mind. 
• Help of experienced male police officer could be taken in interrogation of suspect. 
• Suspect should be sent for immediate Medical Examination along with his injury sheet. 
• Personal clothes of the accused worn at the time of crime should be seized and sent to FSL for examination. 
• The accused should also be got examined from the point of view of his potentiality of committing the alleged crime. 
• Documentary proof of age of accused as well as victim should be collected and if not available their ossification tests should be done through medical officer. 
• The “Suspect Evidence Collection Kit Instructions” form should be send with the suspect for medical examination and request the physician to collect and preserve specimens accordingly. 
• When the accused has been declared a proclaimed offender, it must be ensured that his property is attached and is confiscated under due process of law. 

 B) When suspect is not known:

• Description of accused should be ascertained from victim and portrait of suspect should be prepared immediately. 
• A message should be flashed on wireless for look out of the accused. 
• Local clandestine/open enquires should be conducted. 
• When accused persons are arrested, they shall be immediately sent to judicial custody for test identification. 

 C) Collection of other evidence:

• Witness, who reached the spot of incident, must be examined during the investigation and their statement should be recorded. 
• Persons to whom the victim might have narrated the incident just after its occurrence should be examined and cited as prosecution witnesses. 

Rehabilitation of the Victim 

• The female victim needs rehabilitation in four folds, viz physical, mental, psychological and social.
• Necessary counseling to her and her family members should be provided. 

Handling of Media 

• While briefing media about sex crimes, identity of victim should not be disclosed. 
• Victim should not be produced before media. 
• Only authorized officers should brief the Media. 

Trial 

• Charge-sheet of the case should be routed through the concerned APP after proper scrutiny with all necessary documents. 
• Charge sheet should be filed in the court within the limitation period of 90 days after the arrest of the accused. 
• During trial safety and security of the victim and witnesses should be ensured. 
• Presence of witnesses should be ensured in the court as and when summoned. 
• Witnesses should be properly briefed and their memory should be refreshed so that they depose before the court facts of the case as stated during investigation.