Know that Rape is serious. Police bound to register FIR even if complained after delay of a year: 7 Points:

Know that Rape is serious. Police bound to register FIR even if complained after delay of a year or more :

7 Points:

1) Serious Crime never dies. FIRs can be registered any time.

2) Only small crimes have time lines and time limits.

After some years, small crimes can be registered only after court condones delay.

3) In rape cases, woman often lives under fear many months after crime takes place on her body. She may be afraid of social publicity, defamation, mental trauma etc..

4) So if FIR or complaint is filed after long delay, all she need to do is to explain why the delay took place.

5) Even if she cannot explain delay, it does not mean that trial will not take place. Trial will take place and judge has to check all available evidence including statement of girl on oath.

6) Rape is not compoundable.

The case cannot be compromised by consent of victim.

7) Presently, scientific evidence in rape trials are not of desired standard.

But gradually, evidence regarding DNA, finding of sperm on clothes, injuries on body, email trails, sms exchanges, call records etc should be given more importance.

Haresh Raichura
21/07/2015

If Allegation of Rape is found false, the married man's wife and children can sue woman for damages

This is also known as liability under law of torts.

If a woman has filed false case of rape on any married man, and if allegation are proved FALSE by court, the wife and children as well as married man can sue the woman for damages.

The Key is, simple acquittal from Rape charge is not enough. Sometimes accused is acquitted for want of evidences.

This is not enough. To give liability in tort, the judgement must give a finding by Judge that the allegations were filed falsely for some wrong motives.


Copyright : Haresh Raichura 2015 All Rights Reserved

Know about Two Types of Contempt of Courts 1) Order specific & 2) By slander of judge or court (Only by permission of AG or Judge)

1) Order Specific Contempt of Court, means there was a specific order of court "To do something" or "To not do something."

When someone disobeys or refuses to obey order, contempt of court happens.

2) When some one brings any Judge in to dispute, by writing, speaking, or publishing which will lower image of judge in public, it is second type of contempt.

Here, either a) Judge or b) Higher court can issue notice of contempt. If anybody else wants to file contempt on basis of such material, it is not easy.

He has to First Apply by filing an Application for permission to Attorney General or Advocate General. If such permission is given, then only contempt petition is maintainable.

Haresh Raichura

Don't get frightened if you get fake call from Delhi threatening about non bailable warrant.. Steps to verify

1) Many banks or telecom companies use Recovery Agents to collect their old dues instead of filing cases.

2) Some of these dubious recovery agents makes a fake call that a non bailable warrant is issued against you. Or pretends to be a police officer and asks you to contact a given number.

3) Frightened person contacts the number who pretends to be a lawyer or a clerk of some lawyer and asks him to settle account with bank or telecom company to avoid arrest.

4) Many people get frightened and pay up the claims or bills even if the bills or claims are disputed.

Steps to which can be taken.

1) Check origin of number on caller identification apps on internet.

2) Ask for specific details about caller and case numbers.

3) If caller asks you to pay up dues of some bank or some telecom company, then send and email to them asking if they have authorised this call or not. Ask them specific details if they have filed any complaint or case against you.

4) Seek advice of your lawyer.

Haresh Raichura

Disclaimer: This article is based on experiences told by my clients and this is  only for information. Please contact your lawyer for legal advice.