'Digital rape': HC orders inquiry against Gzb cops for delay in FIR
PRAYAGRAJ, Aug. 13 -- The Allahabad high court recently ordered an inquiry against various police officers in Ghaziabad, including the commissioner, for failing to register an FIR on a complaint disclosing commission of digital rape, molestation and other offences.
In legal and criminal contexts, digital rape refers to the non-consensual penetration of a victim's body using fingers, thumbs, or toes rather than a sexual organ as was alleged in the victim's complaint. While the term "digital" is widely associated with technology, computers, and the internet, its primary definition in medical and legal terminology pertains to fingers and toes.
The court asked the Uttar Pradesh DGP to examine the conduct of police personnel at the Wave City police station and the role of officers concerned, including the commissioner.
While issuing this direction, a division bench of Justice Chandra Dhari Singh and Justice Tarun Saxena dismissed the writ petition filed by accused Arpit Gupta, noting that due to the police's failure to register the FIR initially on the victim's complaint, she was compelled to approach the magistrate.
"The police cannot refuse to register an FIR on a sexual harassment complaint moved before it merely because the prosecutrix has not produced WhatsApp chats, call recordings or other material evidence in support of her allegations. The burden of conducting a lawful investigation cannot be shifted upon the prosecutrix at the stage when she approaches the police with information disclosing cognizable offences," the court observed. "It is difficult to understand why the concerned police station did not register an FIR when the prosecutrix approached it with allegations which, on their face, disclosed cognizable offences. It is equally difficult to understand why the complaint dated July 7, 2026 addressed to the Commissioner of Police, Ghaziabad, did not result in registration of an FIR or in an effective investigation," the court said. The court stressed that the police are required to register the information, investigate the allegations and collect evidence. They are not required to decide the ultimate truth or falsity of the allegations at the stage of registration, it added.
Regarding the inquiry into the conduct of police officers, the court in its order dated August 6 said, "The DGP, Uttar Pradesh, shall personally supervise the inquiry and shall submit a report, by way of personal affidavit, before this court within four weeks." The petitioner sought quashing of the rape case registered against him on the directions of a magistrate. The victim had moved an application before the Ghaziabad court alleging that the accused used to molest her in his cabin and threaten her not to disclose the incident to anyone. Thereafter, the accused allegedly got a case of extortion registered against her on April 14. She was arrested and subsequently granted bail by the high court. After her release, she made a complaint with the police station at Wave City alleging molestation, digital rape and criminal intimidation.
However, when the police failed to act on her complaint, she moved an application before the additional chief judicial magistrate at Ghaziabad.
The magistrate directed the police to register an FIR and probe her allegations.
Ultimately, the police registered a case against the accused under Sections 64 (rape), 74 (assault or criminal force to woman with intent to outrage her modesty), 75(2) (sexual harassment), 76 (assault or use of criminal force to woman with intent to disrobe) and 351(3) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS)....
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