As the Delhi police arrested two men for allegedly raping a 16-year-old girl inside a sleeper bus, a debate has emerged after the UP police claimed that they were never informed of the incident, even as the crime took place under their jurisdiction.
The Class 11 student was allegedly raped by a bus driver and its conductor inside a sleeper bus named “Viswanath” on August 4. The girl boarded the bus near Pari Chowk and was allegedly raped and was abandoned near Old Delhi’s Kashmere Gate. Following this, a complaint was filed by the victim in the Kashmere Gate police station. The police officials then arrested the two officials after scanning the CCTV footage.
What's the dispute?
The UP police have asserted that the incident was not reported to them before the Delhi Police publicly disclosed the arrests.
In a statement, the Gautam Buddh Nagar police said the alleged incident took place “in the Gautam Buddh Nagar Police Commissionerate area” and that it “was not communicated or reported to the Noida Police by the Delhi Police prior to today."
ALSO READ: Fight With Family, Wrong Drop In Rain: What Led To Minor Girl’s Gang-Rape Inside Delhi Bus
To this, the Delhi Police stated that crimes against women can be registered and investigated wherever they are reported. “We were very professional in our conduct. Under the new provisions of the Bharatiya Nyaya Sanhita, crimes against women can be registered and investigated wherever they are reported,” Delhi joint commissioner of police (northern range) Madhur Verma said.
According to DCP, North District, Niharika Bhatt, said, “During questioning, it was revealed that she was traveling from Mainpuri, UP, to a relative's house in Sector 63, Noida. The rape occurred en route between Pari Chowk (Greater Noida) and Sector 63, Noida. Following the incident, the bus driver and conductor dropped her off on the Ring Road, within the jurisdiction of the Kashmiri Gate police station, far from the actual crime scene. Recognizing the sensitivity of the matter and adhering to the new criminal laws, without getting bogged down by jurisdictional issues, the Kashmiri Gate police station immediately arranged for the victim's medical examination and registered a case.“
What Does The BNSS Law Say?
Under Section 173(1) of the Bhartiya Nyaya Samhita, mentions a statutory mandate for a victim to file a zero FIR. It states that any police station to report the crime. The phrase "irrespective of the area where the offence is committed" is now legally binding.
That police station is then legally obligated to forward the case documents to the specific police station holding actual territorial jurisdiction over the crime scene for further investigation.