Gujarat High Court Criminal Manual (subordinate court practice), 1977
(1) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall take immediate steps to present the victim before any nearest Metropolitan/Judicial Magistrate for the purpose of recording her statement under Section 164 Cr.P.C. (2) The Investigating Officer shall as far as possible present the victim before nearest Lady Metropolitan/Lady Judicial Magistrate. (3) The Investigating Officer shall record specifically the date and the time at which he learnt about the commission of the offence of rape and the date and time at which he took the victim to the Lady Metropolitan/Lady Judicial Magistrate as aforesaid. (4) If there is any delay exceeding 24 hours in taking the victim to the nearest Magistrate, the Investigating Officer shall record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate. (5) It is not necessary for the Investigating Officer to approach the Chief Metropolitan Magistrate/Chief Judicial Magistrate with an application for nominating a Magistrate to record the statement of a witness/victim under Section 164 of the Code. (6) A Magistrate, whether he has cot jurisdiction or not, to inquire into or try the case, can record the statement of a witness/victim under Section 164 of the Code, on the request of the Investigating Officer of the case. (7) The Presiding Officer of a Special Court which has been empowered to take cognizance of an offence without there being a need for committal, may also record the statement of a witness/victim under Section 164 of the Code, on the request of the Investigating Officer. (8) After recording the statement of a witness/victim under Section 164 of the Code, the Judge/Magistrate shall arrange to take two photocopies of such statement, under his direct supervision and certify the same as true copies. (9) He shall furnish one such certified photocopy of the statement to the Investigating Officer free of cost, immediately, with a specific direction to the latter to use it only for the purpose of investigation and not to make its contents public, until the investigation is completed and final report is filed. (10) The other certified photocopy of such statement shall be kept in a sealed cover in the safe custody of the Judge/Magistrate, who has recorded such statement. (11) If the Magistrate who had recorded the statement under Section 164 of the Code is not the jurisdictional Magistrate, he shall send the original statement to the jurisdictional Court, either through a special messenger or by Registered Post with Acknowledgment Due. (12) If the Magistrate who had recorded the statement under Section 164 of the Code is himself the jurisdictional Magistrate, he shall keep the original of the statement in the case records. (13) The accused has no right to receive a copy of such statement of witness/victim under Section 164 of Cr.P.C. and it will arise only after cognizance is taken and at the stage contemplated by Sections 207 and 208 of the code and not before and under no circumstances copies of statements recorded under Section 164 Cr.P.C. can be furnished till appropriate orders are passed by the Court after taking cognizance in the matter. (14) Medical Examination of the victim: Section 164A Cr.P.C. inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately examined by a Government Medical Officer. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 Cr.P.C. (15) In cases punishable under Section 354, Section 354A, Section 354B, Section 354C, Section 354D, sub-section (1) or sub-section (2) of Section 376, Section 376A, Section 376B, Section 376C, Section 376D, 376E or Section 509 of the Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5) of Section 164 of Cr.P.C., as soon as the commission of the offence is brought to the notice of the police. Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement. Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of the interpreter or a special educator, shall be video-graphed.