CrPC Doesn’t Permit Keeping Rape ComplaiPendingnt For Pre-Investigation: Rajasthan HC
That CrPC doesn’t allow keeping a rape complaint pending for pre-investigation, as held by the Rajasthan High Court.
Here’s a clear explanation based on that principle:
Principle: CrPC Does Not Permit Keeping a Rape Complaint Pending for “Pre-Investigation”
When a rape complaint (FIR) is filed, the law requires immediate registration and investigation by the police.
The Criminal Procedure Code (CrPC) does not allow the police to delay or keep the complaint pending without starting the investigation.
There is no legal provision for “pre-investigation” or “holding back” a complaint before actually registering an FIR or starting investigation.
The police have a mandatory duty to register an FIR and commence investigation without delay in cases involving serious offenses such as rape.
Rajasthan High Court’s Standpoint
The Rajasthan High Court emphasized that the police cannot treat a rape complaint as a mere note or keep it in a pending status without investigation.
Such delay or inaction violates the rights of the victim and hampers the course of justice.
The Court insisted that the police must register the FIR immediately and begin the investigation.
Holding back the complaint under the pretext of pre-investigation or preliminary inquiry is not permitted under CrPC.
Why is This Important?
Rape cases are serious offenses demanding prompt action.
Delay can result in loss of evidence, affecting the prosecution’s case.
Protects the fundamental rights of the victim under Articles 14 (equality before law) and 21 (right to life and personal liberty).
Ensures that police follow due procedure and accountability.
Related General Legal Principle
In State of Haryana v. Bhajan Lal (1992), the Supreme Court held that police cannot refuse registration of an FIR if the complaint discloses cognizable offense.
This principle applies strongly in cases of rape, which is a cognizable offense requiring immediate investigation.
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