• Domestic violence of girl by her father

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.
Asked 1 month ago in Family Law from Lucknow, Uttar Pradesh
Religion: Hindu

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.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5279 Answers
171 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

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. 

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

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 .

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

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)

Suneel Moudgil
Advocate, Haryana
2064 Answers
3 Consultations

4.7 on 5.0

Yes you may disclose it before the police you may file complaint. Third party can file a complaint .

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

clearly, honestly and practically, you cannot file any complaint

Suneel Moudgil
Advocate, Haryana
2064 Answers
3 Consultations

4.7 on 5.0

she is 26 now and is able to file a complaint

Suneel Moudgil
Advocate, Haryana
2064 Answers
3 Consultations

4.7 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5279 Answers
171 Consultations

5.0 on 5.0

The testimony of girl is necessary to prove allegations of rape 

 

 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Girl has to file complaint against her father 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, NEW DELHI
4398 Answers
9 Consultations

4.5 on 5.0

First call your friend on her phone, silently record her confession, hand it to police, end of it

Aveek Bose
Advocate, Kolkata
1117 Answers
7 Consultations

4.7 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

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

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

She can file rape case against her father in the above case. Rape is much more grievous than domestic violence

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

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

Ajay N S
Advocate, Ernakulam
3437 Answers
67 Consultations

5.0 on 5.0

As advised before though you can initiate the case unless and until the girl supports your complaint the Police would close the case. 

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

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.

Nadeem Qureshi
Advocate, New Delhi
5559 Answers
264 Consultations

4.9 on 5.0

I think you are wasting time. 

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

You should not file any anonymous complaints as victim is not coming forward to give her statement

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, NEW DELHI
4398 Answers
9 Consultations

4.5 on 5.0

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. 

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

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.

 

Thresiamma G. Mathew
Advocate, Mumbai
1584 Answers
156 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

FIRs can be registered by a victim, a witness or any other person who has knowledge of the crime. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

it is better if victim lodge criminal complaint. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

you may inform same to the jurisdictional police Or mahila police. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

Anonymous complaints are not effective. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
2488 Answers
33 Consultations

5.0 on 5.0

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

Ajay N S
Advocate, Ernakulam
3437 Answers
67 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
7885 Answers
2 Consultations

5.0 on 5.0

No action on you. File a detailed criminal compliant

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

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 

Rahul Jatain
Advocate, Rohtak
2320 Answers
4 Consultations

4.9 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

No she should herself come forward.

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

You should try to console her and advise her to talk to her mother about it.

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

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.

 

 

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

If you file a complaint and the actual victim does not support the complaint then the alleged offender named by you in the complaint can file a criminal case for defamation against you and also seek damages from you.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

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