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Four Year Old Charged for Rape in Delhi: No Grounds to Register Case says Legal Experts

The explanation given by the Police for filing the FIR is that they were just following the policy of registering the FIR without any delay. It was stated by the police official that the FIR once registered can be cancelled but it cannot be lodged with delay and in this case the complaint was registered after proper legal consultation.
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Delhi Police on thursday has registered a FIR against a 4 year old child of a west delhi school for sexually assaulting his classmate. However, they have not decided whether to proceed with the case or not. The legal experts are questioning even the grounds on which FIR has been filed.

The explanation given by the Police for filing the FIR is that they were just following the policy of registering the FIR without any delay. It was stated by the police official that the FIR once registered can be cancelled but it cannot be lodged with delay and in this case the complaint was registered after proper legal consultation. 

The Legal experts have however opined that there was no ground of registering FIR in this case as the Section 82 of the Indian Penal Code provides complete immunity to the children below seven years of age.

The case was registered post to the complaint of the girl’s mother of sexual assault of her daughter by the four year old boy. It was stated by the complainant that the accused used his fingers and pencil to assault her.

The Police officials have said that the exemption provided in IPC shall be examined in detail before proceeding with the case as of now they have just lodged the complaint and are examining the details of the case.

Supreme Court Advocate Aishwarya Bharti has said that the registration of FIR by police is not correct as the law provides complete immunity to the children and the police cannot proceed further with this case and If the police had to register a FIR, they should not have put the name of the boy in the complaint.

However some contended that the FIR is only an intimation. At the Initial stage nobody knows who actually has committed the offence and thus a prima facie complaint is required. Though the case will be closed if there is involvement of this boy as charge sheet cannot be filed against him,

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Reviewed by:
Mehak Sharma
Published on 24-Nov-2017
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