Investigation Of Sexual Offences in India: A Guideline for Investigating Police Officer

Abstract

Police are a crucial and one of the most vital parts of the system of criminal justice. The investigation conducted by the police is the foundation of the system of criminal justice; without a fair and sincere police investigation, we cannot expect justice to be served fairly. In the past few decades, it has been observed that sexual offenses in India have increased at an alarming rate. However, only a few instances result in prompt and successful investigations, which are essential for effective prosecution. The victim of a sexual offense faces plenty of issues such as social embarrassment, non-acceptance from certain people, etc. In India, most cases of sexual assault go unreported. For the establishment of safety for the citizens of the country, providing justice to the victim and punishment to the culprit is utterly necessary. In the system of criminal justice, police serve as the frontline personnel. But in many cases, it has been observed by the court that mistakes and carelessness of the investigation officers led to the acquittal of the accused/suspect. Criminal courts frequently point out that the investigating officers frequently make mistakes during their investigations, and most of the times these mistakes go unreported as well as get neglected all the way up to the senior police officials. The dearth of adequate training to improve the performance and effectiveness of the police involved in investigations, as well as the non-availability along with non-supply of the relevant legal sources and the pronouncements (judicial) of courts to the investigating agencies, all present challenges to the proper and effective investigation of crimes. For culprits, this neglectful attitude, dearth of sincerity towards the case, and carelessness of the investigation officers act as a boost to commit more such crimes. This raises questions about the power of the Indian judicial system to provide justice to the victim. This paper emphasizes on the guidelines that police should follow for a successful investigation in cases pertaining to sexual offenses. Also, the article explores how police officers can be trained through various methods to handle cases of sexual offenses.