Patna: A letter Bagaha superintendent of police Arvind Kumar Gupta has written to all station house officers (SHOs) has created ripples in police circles.
Gupta, who assumed charge as police chief of Bagaha police district in West Champaran in August last year, sent letters to the SHOs asking them to consider cases involving physical relationship with wife below the age of 18 years as rape and initiate action against the offender accordingly.
Defending himself, Gupta told The Telegraph over phone on Wednesday: "The letter circulated among the SHOs quoted the Supreme Court ruling on a writ (petition number 282/13) filed in 2013. The new directive is based on the official order issued from the office of weaker section of the criminal investigation department (CID)."
The CID's weaker section dispatched a letter to the SP concerned on last January 16 and was received at the Bagaha SP office on January 18. On Tuesday, the SP issued directives to the police officials asking them to follow the instruction of the police headquarters and take stern action against the offenders.
He clarified that the punishment for rape is more severe than that of child marriage. "An offender booked under the Child Marriage Act is liable for punishment up to two years only. However, the person booked for rape may get capital punishment depending on the severity of the crime," he added.
When asked about any such complaint received in the district, the SP said: "We have to wait for the outcome of the directive. The letter was dispatched to the SHOs yesterday."
A source said the order to treat complaints related to physical relationship by husband with their minor wives was issued by inspector-general (weaker section) P.K. Srivastava, who assumed charge after the retirement of Manju Jha in November last year.
A former director-general of police said in October 2017, the Supreme Court, in a landmark decision, ruled that a man indulging in sex with his wife aged between 15 and 18 years could be prosecuted for rape on a complaint by her.
"The court also mentioned in its order that the age of consent can't be lower than 18 years," he said.
An IG-rank officer posted at the police headquarters said the new directive is meaningless, as child marriage has already been termed illegal.
