Unnao Rape Survivor Seeks FIR Against Ex-CBI Officer for Alleged Dereliction
Unnao rape survivor seeks FIR against former CBI officer for alleged dereliction of duty in her case.
Photo by Albert Stoynov
The Unnao rape survivor has approached a Delhi court seeking the registration of an FIR against a former CBI investigation officer for alleged dereliction of duty. She claims the officer failed to record her statement properly and did not investigate the case thoroughly, leading to a delay in justice.
This development highlights critical issues within the criminal justice system, including the accountability of investigating agencies like the CBI, the challenges faced by victims, and the role of judicial oversight in ensuring fair investigations. The case has previously seen Supreme Court intervention, underscoring its national significance.
Key Facts
Unnao rape survivor seeks FIR against former CBI investigation officer.
Allegations include dereliction of duty and improper recording of statements.
The case has previously involved Supreme Court intervention.
UPSC Exam Angles
Accountability of investigative agencies (CBI, State Police)
Role of judiciary in overseeing investigations and ensuring justice (judicial activism, powers of Magistrate/Higher Courts)
Victim rights and challenges in the criminal justice system (access to justice, re-victimization, delays)
Constitutional provisions related to fair trial and investigation (Article 21)
Legal framework governing FIRs and police investigations (CrPC, DSPE Act)
Ethics and integrity in public service, particularly for law enforcement officers.
Visual Insights
Geographical Context: Unnao Rape Case Legal Proceedings
This map highlights the key locations involved in the Unnao rape case, from the incident's origin to the current legal proceedings in Delhi, underscoring the jurisdictional aspects and national significance.
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More Information
Background
Latest Developments
Practice Questions (MCQs)
1. Consider the following statements regarding the Central Bureau of Investigation (CBI) in India: 1. The CBI derives its powers and functions from the Delhi Special Police Establishment Act, 1946. 2. The CBI can suo motu investigate any crime in a state without the consent of the respective state government. 3. The Director of CBI is appointed by a committee comprising the Prime Minister, the Leader of Opposition in Lok Sabha, and the Chief Justice of India or a Supreme Court Judge nominated by him. Which of the statements given above is/are correct?
- A.1 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is correct. The CBI is governed by the Delhi Special Police Establishment Act, 1946. Statement 2 is incorrect. The CBI generally requires the consent of the state government to investigate a crime within its jurisdiction, except in cases where the Supreme Court or a High Court directs the CBI to investigate. Statement 3 is correct. The Director of CBI is appointed by a high-powered committee as per the Lokpal and Lokayuktas Act, 2013, which amended the DSPE Act.
2. In the context of ensuring fair investigation and justice for victims in India, which of the following statements is/are correct? 1. A Judicial Magistrate can direct the police to register an FIR under Section 156(3) of the Code of Criminal Procedure (CrPC). 2. The Supreme Court has recognized the 'right to fair investigation' as an integral part of Article 21 of the Constitution. 3. Victim compensation schemes are uniformly implemented across all states, with the central government bearing the entire cost. Select the correct answer using the code given below:
- A.1 only
- B.1 and 2 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is correct. Section 156(3) of the CrPC empowers a Magistrate to direct the police to register an FIR and investigate a cognizable offence. Statement 2 is correct. The Supreme Court, in various judgments, has held that the right to fair investigation is a fundamental right under Article 21. Statement 3 is incorrect. While victim compensation schemes exist, they are not uniformly implemented across all states in terms of quantum or scope, and the cost is typically shared between the central and state governments, or primarily borne by states as per the CrPC amendment.
3. Which of the following statements regarding the registration of a First Information Report (FIR) in India is NOT correct?
- A.Registration of an FIR is mandatory if the information discloses a cognizable offence.
- B.An FIR can only be registered by the victim or a direct eyewitness to the crime.
- C.A 'Zero FIR' can be registered irrespective of the territorial jurisdiction of the police station.
- D.Delay in filing an FIR is not a ground to dismiss the complaint if the delay is properly explained.
Show Answer
Answer: B
Option A is correct. As per the Lalita Kumari judgment, registration of an FIR is mandatory under Section 154 of CrPC if the information discloses a cognizable offence. Option B is NOT correct. An FIR can be lodged by anyone who has information about the commission of a cognizable offence, not necessarily just the victim or a direct eyewitness. Option C is correct. A 'Zero FIR' is an FIR registered by a police station irrespective of its territorial jurisdiction, which is then transferred to the appropriate police station. Option D is correct. While delay can be a factor, it is not a sole ground for dismissal if a reasonable explanation for the delay is provided.
Source Articles
Unnao rape case: survivor approaches CBI seeking FIR against Investigative Officer for 'colluding' with Sengar - The Hindu
Unnao rape case: Appeal reaches Supreme Court against suspension of Sengar’s sentence - The Hindu
Unnao rape survivor to move Supreme Court against suspension of Sengar’s jail term - The Hindu
Centre moves SC for withdrawing CPRF security to Unnao rape survivor, SC seeks her reply - The Hindu
Unnao rape case: Protests in support of survivor continue in New Delhi - The Hindu