Garry Garry 25 July 2020

enquiry before FIR

allegations of rape in complaint but enquiry done before FIR by police and offence of 417,420 IPC made out in legal opinion of District Attorney. Now comlainant has moved for direction to High court to add section 376 as the first statement was for rape charge.

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Quick Summary

This discussion explores the legality of police conducting an enquiry before registering an FIR, particularly when a rape allegation is made. The situation involves a District Attorney's opinion suggesting offences under IPC sections 417 and 420, while the complainant seeks to add a rape charge (section 376) via a High Court direction. The core question is the likely outcome of this High Court petition, given that there's no mandatory law requiring an enquiry before lodging an FIR for cognizable or non-cognizable offences.