High Court: Why FIR Under IPC After New Law Came Into Force?

Prayagraj: Allahabad High Court has sought a reply from the Hamirpur Superintendent of Police for not applying the provisions of the Indian Penal Code in a rape case. The court said that the Indian Penal Code had come into force on July 1, 2024, two days before the FIR was registered in the case, so why was the rape FIR registered
under the IPC.

While hearing the petition of Deepu and others, the division bench comprising Justice Arvind Singh Sangwan and Justice Mohammad Azhar Hussain Idrisi sought an affidavit from the Superintendent of Police of Hamirpur.

The court said in the order that the FIR of July 3 was registered under the provision of IPC and not under the Indian Justice Code, which came into force on July 1, 2024.

In the petition, a demand has been made to cancel the FIR of rape.

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According to the facts of the case, the 14-year-old victim alleged that on June 28, Deepu and the other accused entered her house with a pistol and did obscene acts. When the victim raised an alarm, her family members reached out and rescued her. The victim has also alleged that in April also, Deepu entered her house with a pistol and raped her at gunpoint and also made a video of it.

He then used the video to threaten her and continued to abuse her physically. An FIR was registered against the accused on July 3 under sections 376 (2) (N), 354, 147, 452, 504, and 506 of the IPC and section 4 of the POCSO Act. The accused have filed a petition challenging the FIR.