Police duty-bound to register FIR in rape: Govt tells Bombay High Court
By Team Legistify / 2017-11-08

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


The state government Tuesday informed the Bombay High Court that a police officer is “ duty bound” to register an FIR and conduct investigation on receiving information about a cognisable offence such as rape. The state government’s submission was made during the hearing of a Public Interest Litigation (PIL) seeking that the police be directed to refrain from registering an FIR in cases where a woman alleges rape on grounds such as false promise of marriage . The petition also sought framing of guidelines to be followed by the police in complaints of rape following false promises made in a relationship.

Pic Courtesy-linkedin.com

The state further submitted in the affidavit that while the amended rape laws in the country make it clear that if an adult woman engages voluntarily in a physical relationship even in such cases where she has been promised marriage, the same will not constitute the offence of rape. However, when such allegations are made and a complaint or FIR registered, it remains for the police to inquire into whether such consent was voluntary or not.

Whether the consent was voluntary or it was obtained by falsely inducing the woman to believe that the accused would marry her, and the consent is vitiated, is essentially a question of fact ,” states the affidavit, adding that it cannot frame such guidelines according to the Code of Criminal Procedure.


Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read More News on Similar Topics