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FIR under 376(2)(n) - Procedure and Way Out


23-Dec-2023 (In Criminal Law)
I was in relationship with my Gf for more than a year and then moved to different city. We were in long distance relation after that and didn't meet for almost 1.5 years. I had initially thought that I'd marry her but during the latter 1.5 years, we had lots of fights and troubles. She even pressured me by threatening to commit suicide. I have all those proofs in WhatsApp chat. nnNow all of sudden, she went to police and filed FIR under section 376(2)(n) claiming I had sex with her in pretext of marrying her. The application has been filed yesterday and I am not sure what's the procedure in this case. nnCan anyone pls guide - n1. What is the process of investigation/arrest under such cases and n2. What are chances of a guy getting out of this mess if he has sufficient proofs in his WhatsApp chat to back up his story?nnJust because a girl filed rape FIR against a guy, does it mean he will be arrested without any proper investigation/evidence? Kindly guide.
Answers (4)

Answer #1
947 votes
Hi, it is advisable to apply for anticipatory bail/ pre arrest bail if a FIR has been registered ..We will get bail from the court as it was a consensual relationship and there was no false promise from the very first inception..you can connect with me for better understanding of your case
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Advocate Hemant Chaudhary

Adv. Hemant Chaudhary

LawRato Gurgaon / Gurugram | 25+ Answers
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Answer #2
768 votes
yes we can help you out in this issue but firstly you have to tell proper facts of the case and beware before doing something you have to know proper facts of the case.. we are always there to help you
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Advocate Jasbir Singh

Adv. Jasbir Singh

LawRatoFaridabad | 25+ Answers
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Answer #3
950 votes
hello as per your matter, firstly you have to file anticipatory bail in session court and after getting bail, in trial you have to show all proofs about your innocence. for further help and legal guidance you can contact with me through App Adv Jitender Singh
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Advocate Jitender Singh Singal

Adv. Jitender Singh Singal

LawRatoBhiwani | 100+ Answers
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Answer #4
913 votes
Hello there have been many false rap cases filed when the relationships gets sour. In these circumstances if the FIR is registered then you should go for anticipatory bail since you have proof to show your innocence you have good chances to get the anticipatory bail. Further course of action shall be based on circumstances.
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Advocate Ranbir Singh

Adv. Ranbir Singh

LawRatoFaridabad | 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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