Question:

Identify the correct procedure in relation to the investigation and trial of gang rape of a woman under S.376 D of the Indian Penal Code, 1860?

Updated On: Aug 5, 2024
  • The court may take appropriate measures to ensure that the woman against whom the offence is committed is not confronted by the accused while her evidence is to be recorded, only, if the age of the woman is below eighteen years while at the same time ensuring the right of fair trial of the accused.
  • No court shall take cognizance where a public servant is accused of the offence except with the previous sanction of the concerned Government; Central or State as the case may be.
  • For the purposes of recording the statement during the course of investigation, the Magistrate need not administer oath to a person against whom the offence is committed.
  • The investigation of the offence shall be completed within three months from the date on which the information was recorded by the officer in charge of the police station.
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