AGAINST 377 AND 506
4 years ago
IS IT POSSIBLE TO FIND ANY EVIDANCE IN MEDICAL OF 377 AFTER 20 DAYS OF INCIDENT.
Naveen Sharma
Responded 4 years ago
A.Speaking medically, yes it is very much possible to find evidence of sexual assault even after 20 days within the meaning of Section 377 IPC if the person assaulted against is not habitual of anal intercourse . A complaint will definitely lie if it specifically describes the incident with details as to time, place and mode and manner of committing the assault. Again the delay in making the complaint and getting the person assaulted medically examined will be issues that will weigh against the person assaulted. But please in case there is assault and it was non-consensual and against your wish, go ahead and report it, you should let go such incidents.
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Narendra Dubey
Responded 4 years ago
A.Generally it will not be available after 20 days but in order to give u proper advise I need to go through entire details of FIR or complaint.
Regards
Adv Narendra
Regards
Adv Narendra
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Md Shafiuddin Yakub Ali
Responded 4 years ago
A.Dear Client
IPC 377 is " it makes sexual activities "against the order of nature" illegal." Where as Section 506 in The Indian Penal Code Punishment for criminal intimidation. —Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt.
So minute evidence may change the case. But after 20 days means the evidence reliability is to be established.
IPC 377 is " it makes sexual activities "against the order of nature" illegal." Where as Section 506 in The Indian Penal Code Punishment for criminal intimidation. —Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt.
So minute evidence may change the case. But after 20 days means the evidence reliability is to be established.
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Archana Vijaishankar
Responded 4 years ago
A.Sir,
Though there is delay of more days, bit still forensic department can try level best to collect evidence . But in sensitiv cases like this , it is mandatory to send for chemical analysis and medical examination within the prescribed timeframe
Though there is delay of more days, bit still forensic department can try level best to collect evidence . But in sensitiv cases like this , it is mandatory to send for chemical analysis and medical examination within the prescribed timeframe
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
We need to know the details like gender, age, clothes, places, force, Fecal Incontinence etc, etc to place the right opinion.
Please note, every material in 377 is important and has a strong forensic value.
In every crime against people, as in sexual assault, the contact between the perpetrator and the victim, or his/her environment, or both always leaves evidence which is transferred from the perpetrator to the victim, to the scene, and vice versa
We need to know the details like gender, age, clothes, places, force, Fecal Incontinence etc, etc to place the right opinion.
Please note, every material in 377 is important and has a strong forensic value.
In every crime against people, as in sexual assault, the contact between the perpetrator and the victim, or his/her environment, or both always leaves evidence which is transferred from the perpetrator to the victim, to the scene, and vice versa
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A.Dear Sir/madam,
It has become a fashion to file such cases to bring pressure on the other party to send him to the jail No sufficient evidence can be obtained by any medical examination. For more tips contact me. Please give me Rank 5 if you feel my answers also helped you
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Section 377 in The Indian Penal Code
377. Unnatural offences.—Whoever voluntarily has carnal interÂcourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisÂonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
It has become a fashion to file such cases to bring pressure on the other party to send him to the jail No sufficient evidence can be obtained by any medical examination. For more tips contact me. Please give me Rank 5 if you feel my answers also helped you
===================================================
Section 377 in The Indian Penal Code
377. Unnatural offences.—Whoever voluntarily has carnal interÂcourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisÂonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
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A.HI
In general, medico legal evidence will not be available after 20 days of incident.
However, there may be bruises, abrasions, injuries in body parts and if there are any injuries, forensic team can do a DNA test with the accused and match results.
Hope this information is useful
In general, medico legal evidence will not be available after 20 days of incident.
However, there may be bruises, abrasions, injuries in body parts and if there are any injuries, forensic team can do a DNA test with the accused and match results.
Hope this information is useful
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