Is Legal opinion needed before filing FIR for an old incident

Question

Is Legal opinion needed before filing FIR for an old incident

29-May-2025 (In Criminal Law)

The victim was continually abused by a family member for a decade and she's finally reporting it with ample evidence but police has been stalling to ask for legal and PP opinion. Is this legal? Shouldn't such FIRs be immediately filed?

Answers (5)

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2025-05-29T16:48:14+05:30

Answer #2

Well, if the Police has not been able to find any Cognizable Offences in your Complaint lodged with them, that is why, they have been taking time to register FIR, as they have referred this matter to PP, may be to seek Legal opinion from him! If the PP opines, that, no Criminal Case can be made, then, Police is not going to lodge FIR during Preliminary Enquiry Proceedings!

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Advocate Shreyas Jain LawRato · Accepted Answer · 2025-05-30T22:35:21+05:30

Answer #3

It has to be filed immediately. In case police is not taking action, you must directly approach the Police Commissioner under 154(4) of CrPC. Thereafter, you can approach the Magistrate Court and request the court to direct the police to register FIR. in case you require any further legal assistance you may contact me.

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Advocate Kalpana Sanap LawRato · Accepted Answer · 2025-06-01T11:05:32+05:30

Answer #4

Dear client based on your query, the victim was continually abused by a family member for a decade and she's finally reporting it with ample evidence but police have been stalling to ask for legal and PP opinion. FIR is in necessity, for relevance we can help you regard the process and in legal ways for which you can connect with us.

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Advocate Sushant Vichare LawRato · Accepted Answer · 2025-06-04T13:33:26+05:30

Answer #5

Thank you for reaching out. I have understood your concern. Legal matters require careful consideration of facts and relevant laws. Providing accurate guidance depends on understanding the complete details of the issue, which is best done through a focused and professional discussion. Each case is unique and may involve aspects that need legal clarity, whether it relates to civil, criminal, property, or family matters. General discussions may not be sufficient to provide the appropriate legal direction. Hence, a proper consultation is the right way forward if you are looking for clarity and guidance based on law. If you are interested in a professional consultation, you may proceed to book an appointment. During the consultation, we can discuss your issue in detail and consider the way ahead in a structured and legally sound manner. Thank you once again for getting in touch. I look forward to helping you move forward with clarity and confidence. – Adv. Sushant Vichare Legal Consultant & Advocate

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