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ARTICLE · 08 AUGUST 2023

FIR For Sexual Assault Can't Be Quashed On Grounds Of Delay- Calcutta High Court

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"Delay in a case of sexual assault cannot be equated with a delay in a case involving other offenses since several factors weigh on the mind of the victim and member of her family"...

IndiaLitigation, Mediation & Arbitration
Anuradha Gandhi
Anuradha Gandhi
Isha Sharma
Isha Sharma
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Introduction

"Delay in a case of sexual assault cannot be equated with a delay in a case involving other offenses since several factors weigh on the mind of the victim and member of her family"

It is a sad reality that victims of sexual assault often fear of their reputation, discouraging them from seeking justice. The trauma, anxiety about the family's honour and social stigma are factors that a victim of sexual assault has to consider before taking any action against the perpetrator. Courts in India have taken judicial notice of the fact that ordinarily the family of the victim would not intend to get a stigma attached to the victim and delay in lodging the First Information Report in a case of this nature is a natural phenomenon.

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