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FIR U/S 376 FILED 5 DAYS BACK BUT ACCUSED HAS NOT BEEN ARRESTED YET


26-Jul-2023 (In Criminal Law)
GIRL HAS BEEN SEXUALLY USED WITHOUT CONSENT BETWEEN ENGAGEMENT AND MARRIAGE DATE. NOW THE BOY REFUSED TO MARRY HER. n nCAN IO USE HIS DISCRETION NOT TO ARREST THE ACCUSED U/S 376 IN THIS CASE?
Answers (3)

Answer #1
728 votes
Io has no discretion power either the IO has not registered an FIR yet, if the IO has registered an FIR than she must arrest the accused when they find him, but if you think she take money from accused side tha you must give an application to higher authority of your area.. To know more legal aspects about your problem search me on Google AK Rohilla Advocate Rohtak
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Advocate AK Rohilla

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Answer #2
684 votes
depends upon the application which you jave to give to police whats the alligations are there in application because some times application does not prove allegation for the same we think we gave correct application but there is some mistakes which helps to another party to change sections of the same complaint
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Advocate Mohit Saini

Adv. Mohit Saini

LawRatoKurukshetra | 25+ Answers
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Answer #3
841 votes
You have right to lodge an FIR against the accused and on the pretext of marriage and without consent is rape as per the law laid down by the legislature in IPC, therefore he is liable to be arrested on immediate basis, furthermore if the IO is not performing his duties you can reach for his/her superior for registering the FIR. Get your medical done by the investigating agency, medical assistance and produce the same before the magistrate if the police is not functioning properly under 156(3) of crpc to register the case and start the investigation.
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Advocate Shreya Dixit

Adv. Shreya Dixit

LawRatoGurgaon / Gurugram | 25+ Answers
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