Very nice informative discussion with precision. In my opinion the powers of enquiry given to police before registration of would be more often misused by police to investigate further. Such acts and/or refusal followed by so called enquiry needs /must be informed to judicial magistrate concerned for judicious opinion coupled with provision to hear the original complainant. Otherwise principles and mandatory guidelines laid by Hon'ble SC in Lalita Kumari case would become otiose. This would be violating constitutional rights to justice to concerned victim unheard. Per contra accused can have all remedies from quashing of f i r till entire trial.
Sec. 377 ipc The sweeping decriminalisation is certainly an oversight and the less reporting of an offence is not at all correct. I have very frequently seen them being imposed. Further, unless an act makes out a trivial offence ( which in this case is not), the exclusion is disastrous.
Urvashi , Since narrative of breakaway from colonial mindset has been given by duffers who never had any business with the field of law and justice in their entire life except for being investigated as an accused or being incarcerated as an under trial accused, it all along has been another jumla.
