Punjab and Haryana High Court: Ensure expeditious probe in cases of crime against women

Saurabh Malik
Tribune News Service
Chandigarh, August 21

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The Punjab and Haryana High Court has made it clear that the police were expected to adopt a “sensitive approach” and take prompt action for expeditious investigation of cases involving intrusion into a woman’s privacy by sending vulgar and obscene messages.

Sensitive approach

Tells police to adopt a “sensitive approach” and take prompt action for expeditious investigation of cases involving intrusion into a woman’s privacy

Justice Arun Kumar Tyagi asserted women were now victims of heinous crimes, and subjected to domestic violence, cruelty, maltreatment and sexual harassment in “this land of ancient civilization and rich culture governed by the fundamental principle that no society can prosper without respect for women”.

The Bench was hearing bail pleas in two cases of stalking and other offences registered at the Daresi police station in Ludhiana district police commissionerate. Justice Tyagi added that the necessity of respecting woman was expressed by a quote in Sanskrit — “Yatra naryastu pujyante ramante tatra Devata” — meaning: where women are honoured, divinity blossoms. As a result of the evils of domestic violence, cruelty, maltreatment, et cetera, women needed effective protection of law, administered by all agencies of the state with an iron hand.

Justice Tyagi indicated that a law was in place for dealing with such situations. Unwanted intrusion into the privacy of a woman by sending her vulgar, objectionable and obscene messages and photographs, and making unwanted voice and video calls, subjecting her to harassment and defamation, had prompted the legislature to enact provisions for punishment for voyeurism and stalking under Sections 354-C and 354-D of the IPC. Provisions for punishment were also made for publishing or transmitting obscene material, and material containing sexually explicit acts et cetera under Sections 67 and 67A of the IT Act.

Justice Tyagi made it clear that the deadline for probe completion was not specified, but need for expeditious probe was explicit from the provisions governing the grant of default bail. Although there was no specific provision in the CrPC, which specified time limits for completion of the investigation, but Section 173 (1) of the CrPC mandated that every investigation was required to be completed without unnecessary delay.