Introduction
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to crime against women. In today’s blog post, we aim to shed light on the prevailing issues surrounding crimes against women, the legal framework in place for their protection, and the steps we can take as a society to combat these heinous acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
What is rape?
Rape is the most painful physically and mentally to the victim and it also violates the fundamental right of the victim, to have a free life which provides under Article 21 of the Constitution of India, 1950. The nature of the offence under Section 376 of IPC is a cognizable offence, which means that a police officer may arrest the accused person without a warrant. So, for that, justice and a speedy trial can take place.
How to file a complaint under Section 376 IPC?
If somebody knows about the crime or the victim herself, can be reported to the nearest police station to lodge an FIR and proceed with the medical examination of the victim. The medical examination provides a lot of substantial evidence related to the crime, and the victim has sufficient evidence to present in the court in her favour. However, the Court held, that delay in lodging FIR in rape cases may be accepted if it is supported by proper or sufficient reasons.
Landmark cases related to if there is a delay in lodging FIR
• RAVINDER KUMAR AND ANOTHER Vs. THE STATE OF PUNJAB – In this case, the court held that the delay of FIR is not illegal. It should be lodged within a reasonable time to give a twin advantage to the prosecution like-
1. The commencement of the investigation.
2. It rejects the possibility of any concocted version.
So, apart from these two advantages, the delay in lodging FIR is not always fatal if the delay can be adequately or properly explained. The delay in FIR is not a sufficient reason to quash the FIR.
• STATE OF RAJASTHAN Vs. OM PRAKASH— In this case, the Supreme Court held that, in the case of rape of a minor, if the FIR has been lodged after the gap of nearly 26 hours then the delay does not necessarily affects the proceedings of the case.
Conclusion
Rape is one of the most heinous crimes in society. It shakes the soul of not just the victim but the society as a whole. It has been seen that rape cases increase in past decades. A rape case may be filed at the nearest police station and the just delay in lodging FIR may not be quashed the proceedings of the case if it is supported by sufficient or satisfactory reasons.
Written by: Adv. Priyanka Goel (D/945/2020) is an advocate practising in Gurugram. She has authored several articles on various topics and is passionate about women’s empowerment, Human rights and environmental law.