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Can I file FIR on behalf of someone else


14-Apr-2023 (In Criminal Law)

my college mate was touched by a stranger without her consent .i gave complaint to police.but she is not ready to give statement to police .when police called her she doesn't deny it ,but she is telling that she doesn't want to get in to case .so whether police have to take FIR on my petition? what should i do if local police doesn't take the FIR on my complaint saying that we dont have her statement?

Answers (2)

Answer #1
551 votes
You are not able to give the complaint for and on behalf of your college mate as per the Criminal Procedure Code.See.if your are forcely make her to give the complaint ,she will be called for giving the sworn statement before the Magistrate. At that time she may change her attitude.If it happens the case will be dismissed.
Answer #2
541 votes
The basic principle of criminal law is that anybody who have the information of the commission of offence can set the law in motion..so u can get an FIR registered..but when the victim does not support the case. the police will be forced to drop the proceedings by "referring"the case.

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