stored, or subject to processing delays, rendering it unusable. At trial, judges
often lack adequate information to interpret the medical evidence.
Indian criminal law does not require corroboration by forensic evidence
to secure a conviction for rape, yet in practice, such evidence plays a critical
role. Lawyers and activists say that the seriousness with which police
investigate a complaint of rape usually depends on the manner in which a
doctor collects and reports forensic evidence, and judges frequently give
this evidence significant weightage. A rape survivor who has endured
considerable indignity to provide evidence may see the perpetrator walk
free if the evidence is improperly collected, stored, or reported.
1. The Law says
As per Section 375 of Indian Penal Code a man is said to commit the
offence of rape with a woman under the following six circumstances:
1.
2.
3.
Sexual intercourse against the victims will,
Without the victims consent,
With her consent, when her consent has been obtained by putting her
or any person that she may be interested in fear of death or hurt,
4.
5.
With her consent, when the man knows that he is not her husband,
With her consent, when at the time of giving such consent she was
intoxicated, or is suffering from unsoundness of mind and does not
understand the nature and consequences of that to which she gives
consent,
With or without her consent when she is under sixteen years of age.
6.
2. Review
The police must be sensitive to the victims of rape and should respect
their rights. In cases of rape or attempted rape, medical examination of
the accused and the victim soon after the incident often yeilds a wealth of
corroborative evidence. Such an opportunity should not be lost on any
account. It has been a settled principle of law that delay in making a
complaint or reporting a crime often results in embellishment.
E. Sexual Harassment at Workplace
In 1997, the Supreme Court passed a landmark judgment in the Vishakha
case laying down guidelines to be followed by establishments in dealing
with complaints about sexual harassment. The Supreme Court has made it
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Manual on Human Rights for Police Officers