Police stated that the application is liable to be dismissed: “Enquiries were made and from the complaint of the complainant, no criminal offence was found to have been committed."The Legal Cell of the Delhi Police has directed “investigating officers to take utmost care while investigating cases” where “accused persons are lured for sexual provocations and thereafter threatened to pay money”.
The order, sent by DCP (Legal Cell/PHQ) Rajesh Deo on November 12, has been marked to all Special CPs, Joint CPs, and DCPs, among others. The order states that “instances have come to notice where cases of rape/sexual harassment have been registered by the complainant against one or several accused persons, however, during investigation, it has emerged that the case is of ‘honey trapping’ where the accused were lured and after some initial sexual provocations, the accused was threatened to pay money and in case of failure to do so, allegation of rape/sexual assault were levelled…”
The order mentioned a Delhi High Court observation during the bail hearing of a man in September: “though acceptance of allurement is not justified but at the same time, allurement advanced for extortion of money is also not acceptable.”
During the hearing, the HC had sought a report from the Delhi Police Commissioner regarding ‘honey trap’ cases registered in different police stations across the city, and also ordered a probe against the complainant in a case of alleged rape. This order was passed after the accused, in his anticipatory bail plea, submitted that he was lured by the complainant and a case was registered after he did not give in to extortion.
The court directed Delhi Police Commissioner to issue standing orders, in case he notices “similar type of incident” has happened in Delhi in 2020, to all the police stations concerned “that action may be taken as per law, however, without harassing such person/alleged accused therein”.
The order sent on November 12 by DCP Deo states, “Investigating officers are directed to take utmost care while investigating such cases without harassing the accused… in case any doubt arises, the IO must check credentials of the complainant/s… IO shall also enquire about other cases with similar modus operandi, registered by the complainant at other police stations, if any. If after investigation, the allegations levelled in the complaint are found to be…fabricated, suitable legal action may be taken.”
As per the order, this was issued with approval of the Delhi Police Commissioner. DCP Deo told The Indian Express, “When we collected the records, we realised there are a few cases like this. There is a chance that laws pertaining to sexual harassment might be misused. So, we are just asserting that these cases should be investigated thoroughly, and to ensure that genuine cases don’t get ticked off, and habitual complainants are identified… There is a provision for zero FIR, so all cases where sexual harassment is alleged, cases should be registered…”