The issue of child rape came to the notice of the National Human Rights Commission following three incidents of sexual assault and rape of minor girls in Kerala. The draft guidelines on speedy disposal of child rape cases were prepared and placed before the Commission last year. Later these draft guidelines were forwarded to Home Secretaries and DGPs of all the States/Union Territories for their suggestions and comments. The Commission analyzed the comments and suggestions received and prepared the guidelines for speedy disposal of these cases. The guidelines are:
The complaint relating to child rape cases shall be recorded promptly as well as accurately. The complaint can be filed by the victim or an eyewitness or anyone, including a representative of non-governmental organization, who has received information about the offence. The case should be taken up as follows:
a) Officer not below the rank of SI and preferably lady police officer.
b) Recording should be verbatim.
c) Person recording, to be in civil dress.
d) Recording should not be insisted in police station, it can be at the residence of the victim.
(i) If the complainant is the child victim, then it is of vital importance that the reporting officer must ensure that the child victim is made comfortable before proceeding to record the complaint. This would help in ensuring accurate narration of the incident. If feasible, assistance of psychiatrist should be taken;
(ii) The Investigation Officer (IO) shall ensure that medical examination of victim of sexual assault and the accused is done preferably within 24 hours in accordance with Cr. PC Sec. 164A. Instruction be issued that the Chief Medical Officer ensures the examination of victim immediately on receiving request from Investigating Officer. The gynecologist, while examining the victim should ensure recording the history of incident;
(iii) Immediately after the registration of the case, the investigation team shall visit the scene of crime to secure whatever incriminating evidence is available there.
(iv) The Investigation Officer shall secure the clothes of the victim as well as the clothes of the accused, if arrested, and send them within 10 days for forensic analysis.
(v) The forensic lab should analyze on priority basis and send report within couple of months;
(vi) The investigation of the case shall be taken up by an officer not below the rank of S.I. on priority basis and, as far as possible, investigation shall invariably be completed within 90 days of registration of the case. Periodical supervision should be done by senior officers to ensure proper and prompt investigation;
(vii) Wherever desirable, the statement of the victims u/s 164 Cr. PC shall be recorded expeditiously;
(viii) Identity of the victim and the family shall be kept secret and they must be ensured of protection. IOs / NGOs to exercise more caution on the issue.

Trial Court

i) Fast Track courts preferably presided over by a lady judge and trial to be held in camera;
ii) Atmosphere in the court should be child friendly;
iii) If possible, the recordings be done in video conferencing / in conducive manner so that victim is not subjected to close proximity of the accused;
iv) Magistrate should commit case to session within 15 days after filing of the charge sheet.