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Can I lodge an FIR after ten years of incident?

Shivendra Pratap Singh

Advocate

25/04/2022

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Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can I lodge an FIR after ten years of incident? I want to take stern action against him. He is a womaniser and exploiting women sexually and emotionally. 

Asked from: Karnataka

There is no limitation period if offence is punishable with imprisonment of three or more years. Rape is punishable with regorous imprisonment with not less than ten years. Hence, delay in lodging FIR does not matter in respect ot rape cases. 

Therefore, you can lodge a first information report (FIR) against him under Section 376 of the Indian Penal Code. But you have to prove that he has committed rape. If you fail to prove sexual intercourse without your consent then the court will acquit him.

After ten years of incident no physical marks will be found on your body. You are a married woman, hence, your hymen has already ruptured. Therefore, the investigating officer will not get any kind of forensic evidence from your body. 

Thus, your case is entirely based upon circumstantial evidence. However, oral statement of prosecutrix is sufficient in rape case to lodge FIR. But the burden of proof lies upon the prosecutrix. 

If you have any evidence to prove that he had committed rape then you should proceed further. Otherwise you should drop your idea to lodge FIR after ten years of incident. 

If he commits a fresh offence like stalking then you should lodge an FIR against him. In that FIR you can club the offence of rape which had committed ten years back. Because you can prove his conduct and criminal intention.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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