Law Min Study- Rape trial cannot be completed in two months

The law ministry on trials of rape survivors after a 15-month-long study concluded that the provision under Section 309 of the Code of Criminal Procedure (CrPC) to complete a rape trial within two months of filing of the chargesheet was unrealistic.

The study said contrary to the provision in Section 309, even the survivor's deposition was not completed in two months. The average time for deposition of the survivor was eight-and-a-half months, which continued beyond 15 months in some cases.

“ Delays occur for multiple reasons, including late receipt of forensic reports and systemic factors like increasing case load that make delay unavoidable,“ the report said. The study emphasized on reforms in the functioning of all agencies that contribute to the trial, as well as a stricter approach to adjournments.“ Yet, it is unlikely that an entire trial can be completed in two months,“ it said.

The report said amendments made in the CrPC, meant to strengthen rape laws and curtail the time taken for trials, were hardly realistic. A law ministry study says that CrPC amendments meant to boost rape laws were hardly unrealistic.

“ Setting a mandatory outer limit will neither be realistic nor will it fully accommodate the demands of a fair trial. The best option recommended is, therefore, to conduct day-today hearings and complete the deposition of the victim at the commencement of the trial so as to leave little room for influence and coercion,“ it said.

The study , jointly supported by the law ministry and the United Nations Development Programme, was conducted by Partners for Law in Development (PLD), a Delhi-based independent organization. PLD researchers examined 16 rape survivors with the permission of the Delhi high court and monitored their trials in Delhi's four fast-track courts between January 2014 and March 2015.

The report said only one of the four fast-track courts was found to be adhering to laid down procedures. Guidelines provide that in every trial, proceedings will be held day to day until all the witnesses have been examined. If the court finds adjournment necessary, the judge has to record the reasons.

The study found no evidence of counseling provided to survivors except in two of the 16 cases. “ The counseling provided also does not adhere to the required standards,” it said.