Legal Advice

Sister has illegal relationship with uncle

Question: My sister has an illegal relationship with uncle. We had a friendship with a person 1 year ago and we considered that person as uncle but that uncle got physical with my elder sister by luring her with money. Both of them have left the city and they are living elsewhere. What should I do?


Your uncle has committed cognisable offence hence, you should immediately lodge an FIR against your so called uncle for the offence of kidnapping and rape. Lodge an FIR under Section 363 & 376 of the Indian Penal Code. If your sister is minor in age then you should also lodge FIR in the POCSO Act. 

The investigating officer shall trace them from their mobile location or receiving inputs from other sources. Don’t cause delay in lodging FIR because otherwise you have to explain the delay. However, there is no limitation period for recording of FIR because offences are punishable with more than three years of imprisonment. But you should take prompt action and help the investigating agency to find them. 

Your sister has been in an illegal relationship with the uncle (accused). If she is minor in age (below eighteen years) then her consent is immaterial. Absence of consent is mandatory for the offence of rape if your sister has attained the age of majority.

Shivendra Pratap Singh


High Court Lucknow