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Showing posts from August, 2019

Legal remedy against a person who has lodged a false FIR against you

First step is that you should apply for anticipatory bail, if the frivolous FIR is lodged against you, but check in FIR that with bailable offence, there should be a non - bailable offence charged against you. As anticipatory bail is granted only when there is a non-bailable offence charged against you. Anticipatory bail is provided under Section 438 of CrPC. The person can apply for Anticipatory bail only in case of Cognizable and Non-bailable offence. If a false FIR has been lodged against a person in order to implicate him in a false case, he has the option to apply for the Anticipatory Bail under Sec 438 of CrPC. The Person can apply to the High Court or Court of Session for the grant of Anticipatory Bail. The Court will grant the Anticipatory bail taking into consideration, where the accusation has been made with the intent of causing injury or implicating a person in a false case (as it can be proved easily by you, as you are innocent). If all the offences charged against yo

Section 498 A of Indian Penal Code

In India the fundamental mistake committed by the complainants are that they do not understand that only filing a FIR will not help them to get justice. We need to understand that the evidences and proofs can only lead the way to justice. So,first understand S.498 A of Indian Penal Code, So, whenever the husband or In laws have beaten the complainant, the complainant should visit the nearest government hospital for medical treatment and medical certificate. Only government hospital certificates can be admitted as a proof in the court of law. If the injury is mental harassment then also the above procedure, the complainant has to follow. Detailed information about Section 498 A- Section 498-A IPC was introduced with an objective to fight the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Definition under Section 498-A: Husband or relative of husband of a woman subjecting her to cruelty — Whoever, being the husband or the rel