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Attack on modesty (sexual) for Revenge on the pretext of marriage
17-Oct-2024 (In Family Law)
Can a legal matter be initiated if a case is older than one year?
My sister had kept two bf 6-7yrs ago and now when she was in 12th after that she broke up. Skip to the present last year she wanted to correct herself and started dating one of the guy who lives near us and he took her modesty away on the pretext of marriage.
Dear sir
From my experience in litigation and dealing with rape cases, I can tell you that there is no limitation period for filing a criminal complaint. However, it is the settled law that delay in FIR is fatal to the case of prosecution. Although, there are ways you can still pursue the case if you play your cards right. You may consult me in that regard.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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I have read your query regarding your case and there are lots of judgments regarding your case and you are living in Delhi and your sister is already married or not tell me first clearly and there are lots of judgments regarding your case whenever you free call me back
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Adv. Gourav Sharma
Delhi | 100+ Answers
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what is the kind of legal issue you wish to go ahead with. It is not clear from the facts provided herein. However just to answer your first point, yes legal matter can be initiated even if the case is old and even if it is more than 5 years old. what is required is understanding of the context and the fact under which the legal issue is to be framed
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The limitation as per section 468 CrPC and new relevant sections of bnss Delhi elucidate that limitation for the offences mentioned by you is 3 years from the date of such offence . Hence, under that circumstances very well approach aur Di police as your complaint is under limitation.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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If your sister was coerced or misled into a sexual relationship under the false promise of marriage, she can file an FIR for rape under Section 376 IPC. Courts in India have ruled that consent obtained through deception or false promises does not count as valid consent. A delayed filing is not necessarily a barrier to pursuing justice, especially in cases of sexual assault. Courts understand that victims of such crimes may take time to come forward due to emotional, psychological, or societal pressures. The delay can be explained in the complaint.
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Adv. Rupal Dwivedi
Delhi | 50+ 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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