Can rape case be filed after many years had passed


In Criminal Law
Could a woman be able to file a rape case in India even after so many years of the incident?

Answers (5)


143 votes

a women can file case after many years,However,she should have to explain and prove the delay caused in filing case.
The age and other aspects were not relevant while considering the matter.Anyway the finality depends upon the facts and motto.


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124 votes

Hi,

In this matter, a woman is able to file a cape case in India even after years. However to secceed that case, the reason for delay in filling such complaint / case shall be properly explained in a legally convincing way. It is better to consult the lawyer while writing the complaint itself.

Sheejish PT,
Advocate, Ernakulam.

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103 votes

The recent incidents makes police to have a rethought and insists on a preliminary investigation into the merits of the case in such matters where there is delay. Theoretically issue of delay is not applicable to file a cognizable offence like rape, though delay in lodging FIR is a ground of defence for the accused..

73 votes

She can file case with convincing reasons for not filing complaint immediately after the commission of rape. It is very difficult to prove the case as the evidence that may lost due to passage of time.

170 votes

Dear,

Some grave offences under IPC does not have limitation period and certain such type of cases can be filed even after long time of incident. Also/r/t lodging FIR in rape cases , there are many Supreme Court decisions too. Hence, if you tell me more details of the case, then only I can explain you clearly and if at all a case is filed what are the available remedies of the accused.

With Regards,

RAJESH NEDUMPROM,Adv


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