Police not registering offence of 376.

Question

A man sexually exploited me under false promises of marriage. When I filed a complaint the police facilitated a compromise to marry instead of registering an FIR. But then he refused and went missing so I filed a complaint reporting those events. The police sent me back saying they will register an FIR based on both the complaints but they registered only the second complaint under IPC 417 420. When I asked why they did not register the offence of 376 I reported first they said they will alter the section but after one month they are refusing. They have not yet remanded the accused either. What are my legal options now How can I get 376 added

Vidhikarya · Accepted Answer

Hello MaamIf the police are not putting section 376 in the FIR then you could file a complaint to the magistrate and as well as the senior police officers of the police department via a letter. Although there have been judgements recently stating that sexual intercourse on fake promise of marriage is not rape.ThanksPlease rate if you find this advice helpful.

Vidhikarya · Answer

You can file a petetion under section 482 crpc and you prayed in your petetion add section 376 IPC by your lawyer for the fair and impartial investigation in your consert high court Then you file the petetion attech all relaivent documents.

Vidhikarya · Answer

Hello MaamIt would be advised to write a letter to the senior officers of Police Department for eg. SP DIG regarding the same. 376 is a henious offence you could force them to add that particular section in the FIR. ThanksPlease rate if you find this advice helpful.

Vidhikarya · Answer

Dear clientIf the police people did not register FIR you may approach to their higher authority i.e. superintendent of police on the orders of SP  SHO of concerned police station can register FIR. Or you may directly approach the magistrate court by filing complaint against him under section 376 sexual intercourse on the fake promise of marriage. If the FIR registered under 417 and 420 the honourable court have a right to amend the charge on available materials of record.If my suggestion is helpful to you kindly rate me

Vidhikarya · Answer

It is necessary on your part to file complaint before the Magistrate Court on this issue as well as for police inaction. Please take note that there are several judgments on this issue and most of the High Courts in their verdict recorded that sexual intercourse on fake promise of marriage is not rape.      Howeverin a very recent High Court judgment while denying bail to a man who is accused of raping a woman on the false promise of marriage and was later arrested after a case was lodged against himthe Honble Court held that Rape is considered as the most physically and morally reprehensible crime in a society and has a long lasting effect on the mind of victims......sexual intercourse with the victim on the pretext of false promise to marry is and ought to be an offence of rape under the penal provisions. The Honble Court held that it is necessary for the legislature to provide a clear and specific legal framework to deal with the cases where the accused obtained consent for sexual intercourse on the false promise of marriage.

Vidhikarya · Answer

As per law if two major persons are voluntarily in relation and enjoy sex out of their own free Will then such relation does not amount to rape. You seem to be major and have sound mind so it is unbelievable that you were raped on pretext of marriage. In fact no case of cheating is also made out. Nevertheless in trial the trial court has sufficient power to amend charge and induct new section if grounds and materials are available on record.

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