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legal opinion- Zero FIR

 SHORT NOTE ON LEGAL OPINION


FACTS:

Urmila is a resident of Kanpur. She visited her uncle place at Samastipur in Bihar.

There she comein touch with a boy named Heeralal. Heeralal promised to marry

her & established relations. Urmila was swayed by the promise. Ultimately, Urmila

Felt she got cheated. For the reason of her reputation as well as that of her family,

she did not disclose this fact to anyone. Heeralal has threatened dire consequences

if she would disclose all these to anyone. However, after 6 months, she came back

to Kanpur.

ISSUE:

Whether Urmila can file the case against Heeralal. Is it necessary that she has to go

to file an FIR where crime has been committed.

LAGAL ASPECT:

After analysis of the above case, Urmila can file case against Heeralal. Heeralal

established relationship with Urmila on a false promise to marry. The act of

promise of marry play a vital role in establishing relation b/w Heeralal &Urmila.

As soon as Urmila realize that his promise to marry is an instrument to satisfy his

lust, she raised the alarm. Due to the reputation of Urmila & her family as well as

threat of dare consequences by Heeralal resulted into Harassment of the victim.

Urmila can file rape case against Heeralal under the provision of Zero F.I.R.

introduced by the Justice Verma Committee in the Mukesh & anothers V. NCT

Delhi (Nirbhaya Case) in 2017. Zero F.I.R. is registered irrespective of the place

where the offence has been committed. After the police registers Zero F.I.R., it

transfers it to the jurisdiction police station where the offence has occurred. Zero

FIR recognized in the case of Kirti Vashist V. State & others (2017).


CONSEQUENCES OF NOT REGISTERING ZERO F.I.R.:


In the case of Lalita Kumari V. state of U.P. (2017), a bench of 5 judges in the

Supreme Court held that the police officers are bound to registered F.I.R. under

section 154 of the CrPC in the case of cognizable offences. In case police officer

failed registered F.I.R. shall be punishable under section 166A of IPC, 1860 with

rigorous imprisonment for the term not less than 6 months extended to 2 years &

shall be liable for fine.

OPINION:

Facts of the case clearly stated that Heeralal exploit Urmila sexually to satisfy his

lust. In that case Urmila should file case against Heeralal under section 154 of

CrPC and lodge complaint under the provision of Zero F.I.R. irrespective of place

where the crime has been committed.

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