Supriya Saxena
in Criminal Law Procedural Law
Asked January 05, 2018

Consequence of a lapsed FIR for sexual harassment

  • 6 Answers
  • 667 Views

my mother and I were sexually assaulted on 19/9/2016 by neigbour. filed FIR. police registered it under section 107 crpc. obviously it got lapsed in 6 months. this neigbour has constantly stalked us by standing in front of our home. now he has filed false FIR against us. section 107 proceeding has commenced against us. i dont know what to do. can i begin case of 354 ipc again on the incident of 19.9.2016. please reply asap

Answers 6

File Counter FIR against the erring person.

Agree Comment 0 Agrees almost 4 years ago

Dear Client,

In the present situation, you can't take the advantage of earlier sec 354 IPC. However, as you said he was stalking.  Then 'stalking' is itself a crime enumerated under section 354(D) of Indian Penal Code. So, you can get an FIR filed again under aforementioned section in bthe concerned police station. Except this, you can directly go to the concerned District Court and filed a complaint petition against your neighbour.

Agree Comment 0 Agrees almost 4 years ago

Hi Supriya,

Criminal Action never gets lapsed. As you claim that on 19/09/2016 you had filed FIR which was registered u/s 107 of crpc. In fact, it is not an FIR, it is a complaint registered against named person and he was advised to keep peace in the locality. 

2. However, if you feel that he had sexually assaulted on you and your mother, you can registered it even today giving reasons as to why you did not registred it previously. Onus of proving of complaint is on you. No innocent should be punished and no guilty should go scot free is the rule of the day.

Regards,

Ajit Lakhani

Agree Comment 0 Agrees almost 4 years ago

Hello mam. your query needs a detailed discussion ..kindly contact over phone for better understanding and guidance..Regards adv Hemant chaudhary ph;-9654062181

Agree Comment 0 Agrees almost 4 years ago

File another complaint with the local police station, a written complaint and forward a copy ofthe complaint to the local DCP aswell. 

Take a proof if service from the Police which means take their recieved stamp from the inward department on a copy of the complaint filed by you.

Address the letter to the senior police inspector. 

Subject being,  Harrasment and sexual assault faced by my mother and me from person name ____

Agree Comment 0 Agrees almost 4 years ago

If you think that police is not doing enough or good action in your favor ,you should file a private criminal complaint against the accused persons under section 200 of cr PC and prove by your own evidence ,you only need to hire local criminal lawyer to file the pvt criminal complaint if you have no faith on police actions ,you can call me for any further information on the subject

..my mob no 8492000450

Agree Comment 0 Agrees over 2 years ago

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