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Are complaints confidential under sections 498A/406/34
30-Apr-2025 (In Criminal Law)
In Delhi, if a woman makes a complaint in agencies like crime against women and commission for women, and also with the police station, which then becomes an FIR under section 498A/406/34...which was later quashed by court (because mutual settlement of divorce was done prior to court hearing)…
Is the women's identity kept confidential & sealed, away from the public record? What if a member of public (not a party to complaint) asks for copies of paperwork? Will he get it at ANY of these places?
This is not possible because the copies of the paperwork is to be provided only as the certified copy and that too either to the person or the advocate who has appeared on his behalf. Any general public is not allowed to take it
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Third-party do not have a right to seek such information
However, court records are public records and they can be attained by the counsels or parties.
Third-party may claim the records ascertaining the reason for the demand of such record and accordingly court may grant.
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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No, a member of the public (not a party) will not automatically get access to any paperwork from the police, CAW, DCW, or court records involving a woman’s 498A/406 complaint. Any attempt to access such records will likely be denied unless a court specifically allows it.
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Adv. Ashutosh Singh Rana
Delhi | 25+ Answers
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Yes, in cases involving crimes against women, including complaints filed with the Delhi Police or agencies like the Crime Against Women Cell or the Women’s Commission, the identity of the complainant is protected under Indian law. As per Section 228A of the Indian Penal Code and guidelines laid down by the Supreme Court, disclosing the identity of a woman victim in cases involving sexual offences is strictly prohibited. The FIR, if it relates to such an offence, is kept confidential and is not made publicly available. A third party (not involved in the case) cannot access the FIR or related documents unless they obtain permission from the concerned magistrate or court. Therefore, a member of the public will not be provided with a copy of the complaint, and the woman’s identity will not be revealed.
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Adv. Akash Kumar
Delhi | 25+ Answers
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In very rare cases , only those who are involved in the case receive copy of complaint after filing rti. Generally rti also gets rejected for some reason or the other. And if a member other than that ask for copies, his/her request is bound to get rejected
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Adv. Aditi Gupta
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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