Govt tells HC police 'duty-bound' to lodge FIRs when rape victim approached them with plaints
In an affidavit filed on Tuesday before the Bombay High Court by the Maharashtra State Home Department, it stated that it cannot frame guidelines for policemen to follow before taking complaints of rape victims and that policemen were duty-bound to register First Information Report.
The affidavit filed by Deputy Secretary, Venkatesh Bhat, states that FIR will have to be registered if a case of cognisable offence is made out. However, if at a later date it is disclosed that no offence has been committed, the police officer is under obligation to report the same to the court under provisions of Criminal Procedure Code.
The affidavit was filed in response to a public interest litigation, filed by one Firoze Khan, seeking guidelines for police in handling complaints of rape in love affairs turned sour.
The affidavit also says that as per amended rape laws of 2013, it is clear that if an adult woman engages voluntarily in a physical relationship even where she has been promised marriage, the same will not constitute an 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 if it had been obtained by "falsely inducing the woman to believe that the accused would marry her".
The affidavit said, "A fine balance needs to be found between the rights of the complainant and the need to protect a manifestly innocent person from the travails of an investigation and trial."
As per the PIL guidelines will help prevent abuse of the law and saving lives of innocent people from being ruined with a stigma of a rape case, just because a love relationship has gone sour. The court has posted the case for further hearing after two weeks.
THE PLEA
- The affidavit was filed before the Bombay High Court by the Maharashtra State Home Department.
- The affidavit was in response to a public interest litigation, filed by one Firoze Khan, seeking guidelines for police in handling complaints of rape in love affairs turned sour.
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