deepak 05 August 2018

Rape case : warrant or summon case

Sir,

I wish to know that whether a rape case is

(1) Warrant case or Summon case.

(2) Can a rape case be privately filed in criminal court or it has to filed in police station/ magestrate court first.

(3) Can a rape case be filed (FIR) without primarily investigation .

(4) If the incident has happened in different city , can a victim file case in front of megistrate of different city (other than where incident had happened).

All above query are regarding a incident : " A girl accuses of rape to blackmail a man . It is false allegation .Purpose was to extort money. Police in its initial investigation found no such crime had happened.No FIR was registered.Infact the girl had handwritten note with her signature stating that in future she will not make false allegation against the man. No action was taken against her.

Now she again threatens that she had filed a case in her hometown (this city is different from where earlier allegations of her were dismissed) and sooner a summon will be recieved.

Please answer my above query so that we can be prepared to fight another battle against false rape case.

Thank you.

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1 Replies

kirti kabra 08 August 2018

Rape case is a warrant case , a warrant case is defined in section 2(x) of CrPC as a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

NO , for a rape case has to be filed in police station with a FIR and after the investigation is done by the polive the case is initiated to the sessions court.

yes, FIR can be filed before primary investigation and also the burden of proof is on the offender instead of Plantiff/victim.

Yes, zero FIR is the FIR that can be filed at any place other than the jurisdictional police station.