A Critical Examination Of Investigating Agencies In Rape Cases

Dr. Navin Kumar, Assistant Professor at Bharat College of Law, Kurukshetra, India

ABSTRACT

The failure of the government to deliver justice to victims of sexual acts has been an issue since time immemorial. Now any advanced or backward country must determine how to properly resolve this issue regarding the prevention of these activities and compensating the victims. A failure of administration (executive and judicial) in rape cases is an important and necessary endeavour to understand the shortcomings of the systems and processes involved in addressing and preventing sexual violence. Consistently, this data shows that rape complainants often face worsened ordeals due to their experience of the criminal trial process. The experiences of rape complainants in investigations and court have also been the subject of a number of studies. These have been largely based on observations of rape trials, interviews with victims of sexual assault, and interviews with legal practitioners. It requires examining various aspects, such as law enforcement, legal procedures, support services, and societal attitudes. Addressing administrative failures in rape cases requires a multi-faceted approach involving legislative reforms, capacity building for law enforcement and judicial personnel, improved support services for survivors, and societal initiatives to challenge harmful attitudes. It demands collaboration among government agencies, civil society organizations, and the community at large to create a safer and more just society for all. Articles 20 and 21 of the Constitution of India guarantee fair trial and fair investigation as integral components of constitutional rights. Therefore, conducting the investigation equitably, openly, and prudently is crucial as it forms the fundamental prerequisite of the legal system. It is crucial that the investigating agency conducts the investigation without corruption or prejudice. In this paper, the researcher will discuss the problems faced by the victims of rape during the investigation.

Keywords: rape, judgments, offenses, enforcement, trauma, survivors, perpetrators, rehabilitation.