Poor conviction in crimes against women in Delhi, shows police data

According to Delhi Police data, the force has the best conviction rate in overall Indian Penal Code (IPC) crimes at 85%, compared to the all-India average of 59%, but over the last few years, the conviction rate in crimes against women has actually dropped.

To correct the poor conviction rate in crimes against women, the Delhi Police has started to chalk out plans to reduce such crimes and has become the first police force in the country to make collection of forensic evidence mandatory in crimes punishable by more than six years.

The Delhi Police has become the first police force in the country to make collection of forensic evidence mandatory in crimes punishable by more than six years. (HT Photo)

According to Delhi Police data, the force has the best conviction rate in overall Indian Penal Code (IPC) crimes at 85%, compared to the all-India average of 59%, but over the last few years, the conviction rate in crimes against women has actually dropped.

In 2019, out of 13,614 cases of rape, dowry deaths, molestation, eve-teasing, dowry cases and abduction registered in Delhi, the conviction rate was only 5.46%. In 2020, the conviction rate dropped to only 3.35% across 9,924 cases, falling further to only 1.65% in 14,022 cases.

“The dismal figures clearly indicate weak investigations and lapses in filing charge sheets against the accused. If the number of cases worked out is higher, then how can the number of acquittals be so high? Unless the conviction rate rises, we can’t claim to be the most efficient police force of the country,” a senior Delhi Police officer said, on condition of anonymity.

Another officer however said, “In rape cases, only 1.5% accused are unknown/strangers; the rest are either family, friends, relatives or neighbours. Over the last three years, there has been an increase of 74% in the arrests made as part of the policy of strictest possible legal action and zero tolerance to such crimes.”

Prosecution lawyers too are irked at the meagre conviction rate.

Jitendra Kumar Jha, Supreme Court lawyer who represented the December 16 gang rape victim’s family, said the data clearly proves that a slow investigation and a slow trial culminate into a very low conviction rate. “The constant rising trend of crime against women is due to a very low conviction rate in such crimes. Besides, the existing justice delivery system is so accused-friendly that at the first instance, generally victims of crime do not report such crimes. Also, there are common instances where the report of the victim is not recorded properly by the police. The family, society and the police discourage the victim at every level,” he said.

A public prosecutor, on condition of anonymity said, “In most cases of crimes against women, the witnesses turn hostile during the investigation and trial. Also, out-of-court settlements in such cases result in low convictions. Since a few false cases have been unearthed, the courts have also softened their stance against the accused, especially in cases related to dowry atrocities.”

Emphasizing on the urgent need to use electronic evidence in crimes against women, Jha said investigating officials and police should mandatory video-graph the complete investigation. “It will give confidence to the victims and it will further deter perpetrators. The entire justice system needs to be streamlined. Scientific recording of statements of witnesses and investigation, and a time-bound filing of charge sheets must be made mandatory. Fast-track courts must conclude trials within six months, and appeals or special leave petitions must be decided within one year. These measures will certainly bring the crime graph down and conviction rate high,” he said.