It is not always necessary that the victim of the crime must always be available to prove the offence. An offence can be proved on the basis of other evidence also.
Chapter 14 of the Criminal Procedure Code lays down as to who can file complaint in respect of certain offences in IPC. But, there is no restriction in respect of other offences in IPC (i.e., which are not mentioned in the said Chapter 14 of the Cr.P.C.) as to who can file a complaint for registering FIR. Therefore, in respect of these other offences, including an offence under Section 354 IPC, any person knowing about the commission of the offence can file the complaint which can then be registered as FIR.
Having said that, let me point out that if the victim is not available to give her statement, it will definitely make the case comparatively weaker.
Generally, bail would be granted in a case under Section 354 IPC, if not immediately, then after some days, except where the offence is of a serious nature or has attracted media glare and public outcry in which situation grant of bail may get delayed.
It is not possible for me to comment on the facts of your case in the absence of having seen the documents of your case. You may consult some local lawyer to decide whether you should apply for quashing of FIR as it depends on the facts of the case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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