CRIMINAL JUSTICE SYSTEM AND COMPLAINT WITHDRAWAL IN SEXUAL ASSAULT CASES

AUTHOR – SAKSHI MISHRA, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – SAKSHI MISHRA, CRIMINAL JUSTICE SYSTEM AND COMPLAINT WITHDRAWAL IN SEXUAL ASSAULT CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 807-811, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I887

Although there is considerable influence of socio-cultural factors on withdrawal of complaint in sexual assault cases, institutional failure in the criminal justice system exacerbates the problem even more. The formal legal system prevailing in India, although strengthened with progressive legislation and judicial decisions, fails in its practical enforcement. This mismatch between law in books and law in action results in creation of an atmosphere wherein the survivors begin to lose faith in the system, resulting in withdrawal of complaints.

Various institutional obstacles emerge in the process of dispensation of justice in the form of insensitivity shown by the police, complications arising out of forensic examination, difficulty in conducting investigations, and delay of the trial. All these result in violation of the survivor’s dignity and create anxiety in them, resulting in their reluctance to pursue legal remedy. Another crucial problem is associated with the procedures followed by the police, which involve an unwillingness to file FIRs, victim blaming, and informal settlements. Likewise, the delay in investigations and trials diminishes the strength of evidence against the accused and prolongs the suffering of the survivor, forcing them to give up on the case and leave the court procedure behind.

Furthermore, the lack of institutional support in terms of legal aid, counseling, and protection systems for the victim exacerbates the situation. While measures such as fast-track courts and compensations are available to victims, their sporadic application undermines their usefulness as means to obtain justice. This part of the paper discusses the institutional challenges that result in a withdrawal from filing complaints. The interplay between inefficiency, insensitivity, and lack of accountability within the legal system and socio-cultural factors contributes to the creation of a vicious circle. The conclusions are based on the empirical data obtained in the current research.