Any person can inform the police about offence committed. You can give anonymous complain to concern police station and women cell. Collector office . Immediate action.
Give to news paper also.
I know a girl who said that his father force fully raped her when the age of victim is 13 and it's happened many time..she is now 26 ..i said him to report this but due fear of social aspects and pressure of her father she is not redy for that.. I feel very disgusting all of these ..i want that person should be punished for his henous crime...i have some call recording rellated this..can i do any thing by law..is there any possibility for ressister complaints when victim denied .. because of fear and pressure of family.
Any person can inform the police about offence committed. You can give anonymous complain to concern police station and women cell. Collector office . Immediate action.
Give to news paper also.
Dear Sir/Madam,
Normally the sex related offences to be reported and supported by the victim and his family members. But it has a separate and distinct history so you may lodge complaint if the offense still continues at least the accused bringing pressure on the victim. There is no limitation to lodge complaint in respect of such serious offences. The grounds for delay are important.
Her father is dipsomaniac and she told me that he raped her more than 12 years..and now she trying to getting up all of this..i am helping her in all but i think this the not only crime but also paap..and he should be punished for this..but victim is denieding to report a case she is also in police job..but she is scarce for defamination ..so there any low for complaints by third party..in this matter ..pls help..
1) girl should file case of rape against her father
2) her statement would be recorded by poluce
3) on registration of rape case poluce would conduct investigations and file charge sheet against your father
Identity of victim cannot be disclosed without her permisison and such hearings are conducted in camera in court.
No defamation and tolerating a crime is paap.
1. See you can register a complaint with police and police may take cognizance and register FIR against the person. Though in case she denies it will effect the case .
1. Any person who is aware of commission of any crime is competent to lodge complaint.
2. So in other words you can bring this incident of rape to police on which basis FIR is bound to be registered.
3. However during investigation this girl must support the commission of rape . If she refuses this incident then the investigation is closed.
third party complaint is not possible, however, you can bring the offense in the knowledge of police but the police cannot take any action until the victim (girl) depose something against the accused (father)
Yes you may disclose it before the police you may file complaint. Third party can file a complaint .
But she is denieding to report against her father..she told me that if i report this her mother will committee sucide..both her mather and father is blackmailing her..so she has no gust for that..can i file a case against his father..i have some call recordings related to this..can anyone tell me the possibility and procedures related this.. becose i think this type of people are deserves any social respect.
She was minor when rape was committed. Her consent has no value. You can inform the police but lastly her statement will record. And if she denies of any such thing, police will drop charges.
Still you can inform the police/collector/commissioner. Can give anonymous complaint via registered post.
See you can give a written complaint before the concerned police station stating complete facts and circumstance . Also a copy of this complaint can be sent to Superintendent of Police.
If Police fails to.take action a private complaint before magistrate can be filed.
Dear Sir,
Better get file a petition under section 482 of CrPC before the High Court because police may not inquire int0 such belated complaints.
DEAR SIR/MADAM,
You are very true and correct in your thought that such persons committing crimes should be punished. You may file the complaint on the basis of the information available with you, but the victims is required to cooperate in investigations and other legal proceedings. You are required to convince your friend/victim to gather courage and stand against the crime. In this process, she may also require emotional and behavioural counselling. You are suggested to provide all due support to her and then file the complaint only when she is ready to cooperate in proceedings.
You may not be able to lodge a complaint ion behalf of the victim especially if she do not want to pursue this matter for the reasons she may rely upon.
Your complaint my not be entertained.
She will be summoned to police station, if she denies any such incident then you cannot do anything about it.
Even though you may lodge a complaint on behalf of her, if she denies any such incident then you will be in a problem.
Since she is in police department she knows the laws very well, due to further defamation, she may file a false case against you, hence it would be better that you may remain silent if she is not willing to pursue this matter legally.
You have been clearly explained about the law that you can lodge a complaint on behalf of the third person provided he or she is not able to give the complaint.
However your case is that she is working in police department hence there is no question of she not able to lodge a complaint that she sought your assistance to lodge this complaint.
If she is denying the allegations and not willing to pursue this matter then legal action will be initiated against you for giving false complaint
She can file rape case against her father in the above case. Rape is much more grievous than domestic violence
A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
But here now the victim is major. If she denies your allegations then you become the big culprit for defamation. You can inform the police but what will be the outcome. If she want , then you can help her .Think more before taking action
As advised before though you can initiate the case unless and until the girl supports your complaint the Police would close the case.
as she is not ready to take any legal action hence there is no question of action by anyone on behalf of her, as she is working in police department so nobody will believed this, she has to be filed complaint otherwise no action will be taken by law.
if i write to any authority in this respect anonymously and she denied to that..then can i suffer for any type of subsequence. Can police take action against me because victim is also working in police as lady constable..and her father try to make it false ..and she will not except any thing. If i send them as written information . Because i want that this type of matter has come in to light..so people should know that what kind of person he.
Dear Sir/Madam,
You may write to the concerned authority including police unanimously but the victim has to come forward in all the cases for examination, medical tests (if required), investigations etc. If the same is not done by the victim, the complaint may be treated as false and fictitious. It is necessary to point out that many crimes get unnoticed and many criminals roam freely because the crimes are not reported to police or other concerned authorities. In case of unanimous letter, the police or authorities may try to find the source of the letter and if they reach you, you are suggested to come forward with all the proof which you have with you.
Even your anonymous complaint will be of no use, unless this girl stops sympathising with her father.
Thus, I will advise you to counsel the girl first and take care of the emotional challenges that she is facing. She should be made strong enough, emotionally, so that she can take on this fight.
It is not a domestic violence .
It's an offence of rape of her version is true. you should convince the lady to report it. Being a lady police officer if she shy away it will only encourage the people who do this heinous crime.
Being a whistle blower is good but you need the victim to be admitting/giving statement that the she had been subjected to rape. I
Just ta reporting the crime will not help to file an FIR, she will have to undergo medical examination and co-operate with the procedure. Case will not stand of she is not initiating it. So it is advisable you convince her to file complaint than you filling a report of the crime.
You may be risking your life by giving such complaints especially when the victim girl is not interested about it and also my not support you, instead, using her police powers may intend to take action against you to discourage this as well as to stop your pursuant attitude.
You may take a decision after analysing pros and cons on this.
See in such case police may not take action on anonymous complaints as there is no credibility to same.
See you have to talk to victim and then only take steps.
Nops.
And if girl dose not want to proceed than postponed, as even she denied of any such act committed agsisnt her, her identity may disclose.
You can write to women cell, informing that out of defame and suicide blackmail by parents, she dose not want to file FIR.
Than she may counsel first than only matter will proceed.
- As per law, any person having knowledge of the commission of an offence can file a complaint, even though the concerned person is not personally interested or affected by the offence, except in cases of offences relating to marriage, defamation etc.
- Hence , legally you can file a complaint on behalf of her after producing the evidence /proof of the offence, even she is not ready for the same.
- But, if you could not proof the offence, then that lady may harm you after lodging complaint against you for the offence of defamation.
- Hence, before taking any legal action , you should collect all the proof , and further you can start after consulting with women cell /mahila ayog as well.
If your good deeds lead to defamation when the girl deny your allegations. And you become trouble. So better think much more before taking a legal action
1. Yes you can make complaint of heinous crime when victim is under fear or pressure of accused.
2. But you will not support from Victim once the case is filed and you should also see to it that this will not backfire upon you.
3. Women police can also do counselling session for helping her overcome from her fear of defamation and society pressure.
4. No police will not take action against you if you have call recordings to prove that crime was committed but victim is under fear.
Hi
Send a unnamed letter to the S.P.
Then enquiry will take place, at that time if the girl takes steps and standup against the crime then it will work.
And if the girl only doesn't want to do anything then sit back quietly.
Thanks
Well you should advise her to file a complaint. If you file the complaint and she denies that anything happened then it would be difficult for you.
If she denies that anything happened then you would be in trouble. She may be lying so as to gain your attention and sympathy.
If she denies that anything happened then you would be in trouble. She may be lying so as to gain your attention and sympathy.
Dear Sir,
The Ministry of Women and Child Development had recently consulted Ministry of Law in view of the overriding provisions of the Protection of Children from Sexual Offences (POCSO) Act over other criminal laws and provisions of mandatory reporting of such offences. The Ministry of Law after examining the provisions of POCSO Act vis-à-vis provisions of CrPC has advised that there appears no period of limitation mentioned in Section 19 in regard to reporting of the offences under the POCSO Act, 2012. The POCSO Act does not provide for any period of limitation for reporting the child sexual offences. On receipt of the opinion of Ministry of Law, Smt. Maneka Sanjay Gandhi, Minister of WCD stated that “Now any victim, at any age, can complain the sexual abuse faced by him/her as a child”. She urged the victims to report the cases through POCSO e-Box.
Often, children are unable to report such crimes as the perpetrator in most cases is either a family member, a relative or closely known person. Studies have also shown that the child continues to carry the trauma of sexual abuse till very late in life.In order to overcome this trauma many grown up people have started coming out to report the abuse faced by them as children.
The Protection of Children from Sexual Offences Act(POCSO), Act 2012, came into force on 14.11.2012. It is a gender neutral Actwhichhas been enacted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation.
The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.
1. The incidence took place with that girl and she shall have to lodge the police complaint or file the case.
2. You hve no locus standi in the matter and have no role to play here.
1. She should come out of her fear about social defamation and lodge the police complaint.
2. If she refuses to lodge the police complaint, nothing can be done to bring her father to books.
1. You can not lodge the police complaint or file any case against her father since you have no locus standi in the matter.
2. Pursue her to lodge the police complaint.
1. As per law, anonymous complaint will not be entertained by any authority as per law.
2. If you lodge any complaint against her father's conduct of raping his daughter and the daughter finally refuses the allegation, you shall b seriously booked with the charge of defamation.
1. Only the victim can file the complaint.
2. In a case of rape there is no limitation for the court to take cognizance of the offence, hence the FIR can still be filed, but the girl will have to lead evidence in the court to prove that she was raped. Her mere statement will not suffice. Be that as it may, a FIR can be filed if she files a complaint in writing.
1. You cannot file the complaint as you are not the victim and the victim has attained majority. Unless she files the complaint and gives her statement to police inculpating the alleged rapist even police cannot do anything.
2. Call recordings can be led in evidence.