P- 5 Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –
P- 5 Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –
62. Investigation by Senior Police Officers.-
No police officer below the rank of Senior Inspector of Police shall investigate any offence contained in sections 7 to 17 (both inclusive) of this Act.
63. Women Police Officers.-
Where the offence of sexual assault is committed against a woman or a child, the investigation, as far as possible, shall be conducted by a woman police officer
64. Recording of statements or evidence during investigation.-
(1) The Investigating Officer shall, during investigation into organised communal
and targeted violence, and may, during the investigation of other offences
under this Act, produce the victim or the informant, when such informant is
victim, before a Metropolitan Magistrate or a Judicial Magistrate, as the case
may be, for recording his or her statement under section 164 of the Code of
Criminal Procedure, 1973 and such statement shall not be recorded by the
Investigating Officer under section 161 thereof.
Provided that the victim shall have the right to have his or her
advocate present at the time of recording of such statement and a copy of
the statement so recorded should be provided to him or her.
(2) Any statement of a person other than the person mentioned in sub- section (1) may be recorded by the Investigating Officer under section 161 of the Code of Criminal Procedure, 1973 or by the Metropolitan Magistrate or Judicial Magistrate under section 164 thereof, as the case may be.
(3) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not
he or she has territorial jurisdiction in the case, shall on a request, record
any statement under section 164 of the Code of Criminal Procedure, 1973 or
receive affidavit from any victim, informant or witnesses made to him or her
during the investigation under this Act but before the commencement of the
inquiry or trial:
(a) Any statement (other than a confession) made under sub-section (2)
shall be recorded in the manner provided for the recording of
evidence, or in the opinion of the said Magistrate best suited to the
circumstances of the case; and the said Magistrate shall have the
power to administer oath to the person whose statement is so
(b) The Magistrate recording a statement under this section shall forward
it to the Designated Judge by whom the case is to be inquired into or
(4) A victim, informant or witness relating to any offence committed under
this Act shall be entitled to submit directly before the Designated Judge
taking cognizance of the case any statement or material and the Designated
Judge shall transmit the statement or material to the Police to form part of
the records under section 173 of the Code of Criminal Procedure, 1973.
(5) The victim, informant or witness may also send such statement to the
National Authority or the State Authority for necessary action.
65. Medical Examination of victim.- (1) For investigation of offences under
this Act causing any physical injury to a victim, the medical examination
shall be conducted without any delay by at least two registered medical
(2) In cases of sexual assault, the medical examination shall be conducted by
at least two registered medical practitioners of whom one shall be a woman
in the manner prescribed under section 164A of the Code of Criminal
Procedure, 1973 and the expression “woman” thereunder shall be read to
include a “man”.
(3) For investigation of offences under this Act resulting in death, the post-mortem shall be conducted by a Board consisting of three registered
medical practitioners one of whom shall be a woman.
(4) The post-mortem conducted under sub-section (3) shall be done in the
presence of a representative of the victim if so requested by the victim or his or her representative and the entire procedure shall be videographed and photographed and a copy of which shall be attached with the Medical Report.
(5) The copy of the report of the medical examination under sub-section (1)
and (2) or report of the post-mortem under sub-section (3), shall be given
within forty-eight hours of completion of the medical examination or post-mortem, to the investigating agency and the victim or his or her representatives, as the case may be. Provided that where chemical analysis is done, the report of the chemical analysis shall be made available to the investigating agency and the victim within fifteen days.
66. Videographic and photographic evidence.-
The collection of evidence relating to an offence under this Act shall include videographing and or photographing of the scene of crime and the same shall form a part of the report of the case under section 173 of the Code of Criminal Procedure, 1973. Provided that in the event of any failure to record such evidence, the
same shall not vitiate the trial in any manner.
67. Power of the Government to order interception of messages.-
(1) On the occurrence of any offence under this Act or on the threat or
apprehension of the occurrence of any such offence, the Central Government
or the State Government or any officer specifically authorized in this behalf
by the Central Government or a State Government may, if satisfied that it is
necessary or expedient so to do in the interests of prevention or control of
organised communal and targeted violence in India for reasons to be
recorded in writing, by order, direct that any message or class of messages
to or from any person or class of persons or relating to any particular
subject, brought for transmission by or transmitted or received by any
telegraph, shall not be transmitted, or shall be intercepted or detained, or
shall be disclosed to the government making the order or an officer thereof
mentioned in the order.
(2) The procedure prescribed under rule 419A of the Indian Telegraph
Rules, 1951 shall apply to all such messages.
68. Preservation of records and documents.-
(1) Where any offence under this Act has been committed, the concerned police officer within whose jurisdiction such offence has been committed shall preserve records including records of the police control room, case diary, station diary or any
other record that is in any way concerned with the investigation of the offence so committed till conclusion of all legal proceedings.
(2) Where any offence under this Act has been committed, the Superintendent of Police, within whose jurisdiction such offence has been committed, shall notify all hospitals, whether public or private, to preserve all medical and hospital records and all such hospitals shall be bound to preserve such records.
(3) Notwithstanding anything contained in section 67, where any offence under this Act has been committed, the Superintendent of Police within whose jurisdiction such offence has been committed, shall notify all telecommunication service providers, whether public or private, to preserve all records in appropriate data storage form and all such service providers shall be bound to preserve such records in the appropriate data form. Provided that access to such preserved records shall be granted only in accordance with section 67.
69. Right of victim to information during investigation.-
(1) The Superintendent of Police, or officer designated by him or her shall inform the victim in writing about the progress of investigations into the offence, whether or not the offender has been arrested, charge-sheeted, granted bail,
charged, convicted or sentenced, and if a person has been charged with the offence, then the name of the suspected offender.
(2) The victim shall have the right to receive a copy of any statement of the witness recorded during trial, and a copy of all statements and documents filed under section 173 of the Code of Criminal Procedure, 1973 including the charge-sheet or closure report submitted by police.
70. Information to National Authority or State Authority regarding delayed
or biased investigations.-
(1) A victim or informant aggrieved about any
procedure of investigation including the lack of impartiality or fairness, the
biased nature or the failure of the investigating agency to receive evidence
or examine witnesses in relation to offences committed under the Act shall
have the right to make a complaint in this regard to the National Authority
or the State Authority constituted under this Act.
(2) Where on a complaint received under sub-section (1), it appears that
there has been a lack of impartiality or fairness or was biased on the part of
the investigating agency or that it failed to receive evidence or examine a
witness in course of investigation, the National Authority or the State
Authority may request the State Government to order a further
investigation or re-investigation in the manner provided under section 71 to
investigate offences under this Act.
71. Further Investigation or re-investigation.-
(1) Where: (a) no report under section 173 of the Code of Criminal Procedure,
1973, is filed within a period of ninety days from the date of recording of information under Section 154 of the Code of Criminal Procedure, 1973; or,
(b) the National Authority or the State Authority on an inquiry made under sub-section (2) of section 70 has come to the conclusion that the investigation of an offence under this Act was not carried out in a fair, impartial or unbiased manner requests the
State Government to order a further investigation or re-investigation,
the investigating officer shall file a report with the Inspector General of
Police in relation to the investigation so conducted, giving reasons for the
failure to file within the prescribed time, such report as contained in clause
(a) or the circumstances leading to the request under clause (b) and action
(2) The report filed under sub-section (1) shall be reviewed the Directorate
of Prosecution where such Directorate is constituted under section 25A of
the Code of Criminal Procedure, 1973, or where no such Directorate is
constituted, by a committee constituted by the State Government, headed by
an officer of the level of an Inspector General of Police, and which may pass
such orders for further investigation or a re-investigation by another officer
not below the rank of Deputy Superintendent of Police wherever it comes to
the conclusion that, having regard to the nature of investigation already
carried out, such investigation would be necessary.
(3) The Directorate of Prosecution or the review committee constituted
under sub-section (2), as the case may be, may also review cases of such
offences where the trial ends in acquittal or in an inappropriate sentence
and issue orders for filing appeal, wherever required.
72. Judicial inquiry into occurrence of organised communal and targeted
violence.- (1) Where the offence of organised communal and targeted
violence, contained under section 9, occurs, an inquiry shall be conducted by
a Judge of the High Court of the State in which such violence occurs, in
addition to the investigation held by the police, into the discharge of public
functions by the public servants legally bound to prevent the occurrence of
(2) The inquiry referred to in sub-section (1) shall, in no case, commence
later than ninety days from the date of occurrence of organised communal
and targeted violence.
(3) All the powers under the Commissions of Inquiry Act, 1952 as if the
Judge of the High Court were holding an inquiry under the said Act.
(4) The Judge of the High Court holding an inquiry under this section shall
inter alia inquire into whether due diligence was exercised by such public
servant in the discharge of duty.
(5) Where the Judge of the High Court holding an inquiry under this section
finds upon evidence that the conduct of the public servant constitutes
dereliction of duty as defined under this Act, he or she shall direct the registration of information under section 154, Code of Criminal Procedure,
1973, against such public servant.
73. Inference from nature and circumstances of the act.- Where any
question arises whether an offence committed against a member of a group
was committed against him or her by virtue of his or her membership of a
group, it shall be inferred that it was so directed from the nature and
circumstances of the act.
74. Presumptions as to offences under this Act.-
(1) If in a prosecution for any offence committed under this Act, it is shown that the accused committed or abetted or conspired to commit the offence of hate propaganda under section 8, it shall be presumed, unless the contrary is
proved, that the offence committed was knowingly directed against a person
by virtue of his or her membership of a group.
(2) Whenever an offence of organized communal and targeted violence is
committed and it is shown that a hostile environment against a group exists
or the offence of hate propaganda under section 8 was committed against a
group, it shall be presumed, unless the contrary is proved, that the said
offence was knowingly directed against persons belonging to the group by
virtue of their membership of the group.
INITIATION OF PROCEEDINGS
75. Waiver of immunity.-
(1) Save and excepting those provided under the Constitution or under this Act, immunities or special procedural rules which may attach to the official capacity of any person, shall not bar any proceedings under this Act.
(2) The defence of sovereign immunity will not be available for offences
committed under this Act.
76. Sanction not required for certain offences.-
The provision of section 196 and 197 of the Code of Criminal Procedure, 1973 shall not apply to offences by public servants under Schedule III and the Designated Judge may take cognizance of such offence when satisfied that the said offence has been committed.
Provided that prosecution of an offence by a public servant other
than those requiring sanction under section 196 and 197 of the Code of
Criminal Procedure, 1973 shall not be held up for want of sanction for a
related offence by the same public servant.
77. Prosecution for offences by the state and public servants.-
78. Special Public Prosecutors.-
79. Power to appoint Designated Judges.-
80. Cases triable by Designated Judges.-
81. Procedure and power of the Designated Judge.
82. Attachment of property.-
(1) Where the charge has been framed in
relation to an offence under this Act, the Designated Judge may direct that
the property of the accused person be attached during the pendency of the
trial and until conviction or acquittal, as the case may be.
(2) The provision under section 60 of the Code of Civil Procedure, 1908 shall
apply to in relation to property being attached under this section.
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Monday, September 12, 2011
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