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False rape case filed by relative against brother. What should we do?
31-Mar-2023 (In Criminal Law)
My chachi has filed a false Rape attempt FIR against my younger brother. This happened when he went to her home on Holi and tried to interfere when my chachi was hitting another relative with a rod. He held the rod and threw it away.
My chachi and her relatives hit him badly but we did not lodge a complaint as it was in the family. Later they asked my brother and all of us to apologize to them and when we did not do so, she lodged a false FIR stating she was tried to be raped by my brother.
What should we do now?
As you have explained your Chachi has registered a false FIR against your brother in the Police Station for attempt to rape.
Firstly you should know that the said offence shall fall under Section 511 read with 376 and Section 354 of the Indian Penal Code, 1908.
Section 376 provides for the punishment of rape and Section 511 is a general provision covering Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. Any offence committed under Section 376 is non-bailable and hence reading Section 511 with Section 376, attempt to rape is also non-bailable.
Section 354 covers Assault or criminal force to woman with intent to outrage her modesty. This offence is bailable, however the outlook of Indian Courts have changed since December 2012.
So we suggest that firstly you should apply for an anticipatory bail, and immediately file a complaint against your chachi for the offence of Assault and use of Criminal Force and Voluntarily causing simple/grievous hurt (this shall depend on the type of injuries your brother suffered).
Kindly send us the copy of the complaint / FIR filed by your chachi so that we can guide you better.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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