A & M Law Firm, Pune

Section 170. Cases to be sent to Magistrate, when evidence is sufficient. (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed. (2) When the officer in charge of a police station forward an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if

#In a case of mutual divorce generally lawyer is same or lawyers are from same legal firm. # Petitioner and the Respondent do not trust, so same lawyer cannot argue. As people believe for argument two are needed. However parties in disagreement can arrive at a consensus and can settle the matter. Same can be granted in court of law. # Ego of parties in disagreement leads to prolong litigation. As no one wants to budge. # Court of law always want that the petitioner and respondent should compromise legally. But parties in disagreement want to go ahead with everlasting litigation. Thus appeal goes on till the Apex court. # Everything is possible but people do not want. # So whatever people want becomes a practice in any field.

S. 120B of Indian Penal Code, 1860 - Punishment of criminal conspiracy (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. 2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. A) Criminal conspiracy to commit an offence, Punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 Years or upwards- Then the punishment shall be Same as for Abetment of that Offence B) Any other criminal conspiracy - Then the punishment shall be 6 Months or Fine or Both Elements of a criminal conspi

According to section 499 of Indian Penal Code , whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Defamation is the making of a false statement concerning a person or business that damages that person’s or business’s reputation. If a false statement is made and that person or business’s reputation is damaged, there can be legal consequences for the person who made the statement. Defamation applies to both written and oral statements that are published to third parties. Publication includes the posting of material on the Internet. Defamation can either be a statement that is verbal or written. If a defamatory statement is made verbally, it’s called slander. If a defamatory statement

Section 357A of the Criminal Procedure Code- Chapter XXVII Victim compensation scheme Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation. Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. Where the offender is not traced or identified, but the victim is identified, and wh

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

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