Can a case be filed by the girl who was abused when she was a minor

700 votes

It is based on prima facie of the case.if there is sufficent evidence and witness of the matter then you can file case but it should depend on the circumtial evidence.
There is no limit on time for reporting case. But POCSO will not be applicable .Every thing should be depend on evidence.

Advocate Lucky Mukherjee LawRato

922 votes

In India, the statutory limit for reporting an incident of sexual abuse varies depending on the quantum of punishment for the crime. The bar of limitation under the section 468 of the Code of Criminal Procedure, is imposed not on the filing of the complaint but on taking cognizance thereof by the Court.

For an offence of molestation where the maximum punishment is 2 years, the limitation is 3 years. Rape does not have any statute of limitation, but child sexual abuse now comes under the Protection of Children from Sexual Offences Act of 2012 and the limitation is 3 years for child abuse offenses not involving penile-vaginal penetration.

Lodging a complaint is one aspect but proving the commission of the offence is another aspect. The long and inordinate delays would have to be explained. It is usually argued that knowing that a particular crime is being committed and then remaining silent on it means that the victim by her own conduct have already condoned the act by not initiating any action. Adverse inference will be taken that victim purposefully delayed and the story so put forth may be seen suspiciously by the investigating officer/court etc. What is a long delay is totally a question of fact and Courts have not paid down any guidelines to determine the same. Each case has to be judged on its own merits.

Advocate Robert D Rozario LawRato