Asked February 19, 2017

Delay in Rape case

  • 2 Answers

A girl was raped, but it was a year ago. Can she still file a complaint?

Answers 2

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In a judgement last year, the Supreme Court has said that delay in filing the FIR in a rape case, should not become the reason for letting the accused go (i.e. Acquitting the accused). The name of the case is Md. Ali v. State of UP. The Judgement is available here. The court has said, " rapes cases the delay in filing the FIR by the prosecutrix or by the parents in all circumstance is not of significance." and "Sometimes the fear of social stigma and on occasions the availability of medical treatment to gain normalcy and above all the psychological inner strength to undertake such a legal battle (causes delays in the filing of FIR in rape cases)."


You might have to convince the court that the delay was due to such reasons. Unreasonable delay is generally frowned upon by the court, but if you can convince the court that the situation and circumstances were such that delay was unavoidable, there is a higher probability of her delay being overlooked/forgiven and the case being taken forward.

Agree Comment 0 Agrees about 5 years ago

Yes,you can file complaint any time but there is so chance of acquittal of accused.

Agree Comment 0 Agrees about 5 years ago

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