by Police - Bureau of Police Research and Development

The Indian Police JournalProcedure Code. Rape victim may be under psychological pressure,residence in the presence of her relatives. Proviso to Sec. 157(1)provides:“Provided further that in relation to an offence of rape, therecording of statement of victim shall be conducted at theresidence of the victim or in place of her choice and as for as parents or guardian or near relatives or social worker of thelocality.”Section 160 and 157 of Cr.P.C. make balancing between social interest person in Police Station for interrogating him, at the same time imposerestriction on police power for protecting vulnerable class of people.which result in gross violations of human rights. Courts are seriousabout such problems and recommended in many cases prompt andNandini Satpathiv. P.L. Dani, appellant Nandini Satpathi was ex-Chief Minister ofOrissa and ex-Minister in Central Government. She was accused innumber of corruption cases, which were in process of investigation.She was called in Police Station by Dy.SP Vigilance for interrogation. extended list of questions to be answered by her. She refused to answeron the ground that these questions were incriminatory in nature. Onagainst her before SDJM, Cuttack u/s 179 of IPC that she was bound toanswer truly all the questions put to her u/s 161 Cr.P.C. And, in caseof not giving answer, she is liable to be punished u/s 179 IPC. SDJMissued summon for appearing before the court and it was challengedbefore the High Court but High Court did not interfere with the orderquashed proceeding before SDJM. The Supreme Court observed that awoman must not be called in Police Station for examination:“Before discussing the core issues, we wish to note our regret, inof the wholesome proviso to Sec. 160(1) of the Cr.P.C. Such122 January - March, 2013