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PIL to change rape in live-in relationship to non-rape, ditched by Delhi HC

The Delhi high court Wednesday refused to entertain a PIL seeking directions to the government to keep cases of live-in relationships out of the purview of rape under the Indian Penal Code.

The PIL also sought direction with regard to the issue of police arresting a person only on the basis of an allegation levelled by the woman, prior to conducting a preliminary enquiry and obtaining a medical report.

Before arrest, sufficient cause should be recorded by the officer to avoid false implication.

A division bench of Chief Justice G Rohini and Justice R S Endlaw refused to entertain the plea saying that it is not in the discretion of the court to direct police whom to arrest.

“How can court direct police officer not to arrest anybody? Its not in the discretion of court. We are not entertaining this plea,” the bench said.

Seeking to control the possible misuse of the rape law in the city, the plea filed by one Anil Dutt Sharma said the complaint lodged by the live-in partner against the other should be registered under section 420 (cheating), not section 376 (rape).

The lawyer, who appeared for Sharma, argued that as per records it has been seen that in many instances courts acquit men accused of rape as women file false cases.

“In more than 70 percent cases, the accused is found not guilty and the family members of the the accused face humiliation in the society,” he argued.

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