Advocate Ajitpal Singh Mander

Questions Answered by Advocate Ajitpal Singh Mander

Q: Diffirence between ipc 307 and ipc 308

Hello. Some peoples atack on me. Docters take my head opration and said hit a mettal road and dangarous to life .. but police added ipc 307 .. not ipc 308 whyy...police save those peoples who's atack on me.... Ipc 308 docters ke biyan se lagi ja police ne jaan buj kar laga dii

Advocate Ajitpal Singh Mander answered
Your question is self contradictory as you have written 'But police added IPC section 307'.... However, in the next line you have mentioned as IPC section '308 Doctor ke Byan se lagi ja police ne jaan bujh kar laga dee'. from it I am unable to understand what is your proposition. For the sake of information it is added that IPC Section 307 is about attempt to murder whereas Section 308 IPC denoted for attempt to Culpable Homicide. Moreover the IPC sections are to be mentioned in FIR/Criminal case as per your statement recorded before the police as well as in the light of opinion of the Doctor. As if you have given statement before police as to the fact that the accused caused the injuries with an intention to murder then section 307 IPC attracted otherwise section 308 IPC attracted. Similarly if Doctor opined that the injuries are dangerous to life and are caused with blunt weapon weapon then generally police added Section 308 IPC otherwise if Doctor opined that the dangerous to life injuries caused by fire arms, or sharp edged weapon then Police added section 307 IPC.

Q: Can section 377 be quashed by the court

Is ipc 377 is qashable??

Advocate Ajitpal Singh Mander answered
Every act of sodomy cannot be subject of quashing by using the extra ordinary Jurisdiction of High Court under section 482 Code of Criminal Procedure. Only Act of Consensual Homosexual activities may be quashed as per the verdict of Delhi High Court. However, Now Hon,ble Supreme Court override this Judgment In a major setback to gay rights activists, the Supreme Court on 10-07-2018 held that homosexuality or unnatural sex between two consenting adults under Section 377 of the Indian Penal Code is illegal and will continue to be an offence. This provision did not suffer from any constitutional infirmity, it said.A Bench of Justices G.S. Singhvi and S.J. Mukhopadaya set aside the Delhi High Court’s verdict decriminalising homosexuality . Section 377 holds that whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal commits an unnatural offence. The Bench said: “We hold that Section 377 does not suffer from… unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable.” It, however, said: “Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati.”Writing the judgment, Justice Singhvi (who retired on Wednesday) said: “Those who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature constitute different classes; and the people falling in the latter category cannot claim that Section 377 suffers from the vice of arbitrariness and irrational classification. What Section 377 does is merely to define the particular offence and prescribe punishment for the same which can be awarded if, in the trial conducted in accordance with the provisions of the Code of Criminal Procedure and other statutes of the same family, the person is found guilty. Therefore, the High Court was not right in declaring Section 377 ultra vires Articles 14 and 15 of the Constitution.”On March 27, 2012, the court reserved verdict after arguments that started on February 15, 2012. Parents of gays, lesbians, bi-sexuals and transgenders supported the High Court ruling, which was delivered on petitions filed by the NAZ Foundation and others. It was argued that Section 377 was against their right to life and liberty guaranteed under the Constitution. The Delhi Commission for Protection of Child Rights, the All-India Muslim Personal Law Board and the Apostolic Churches Alliance had opposed the judgment.The Bench said: “While reading down Section 377, the High Court overlooked that a miniscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders, and in the more than 150 years past, less than 200 persons have been prosecuted for committing offence under Section 377, and this cannot be made a sound basis for declaring that Section ultra vires Articles 14, 15 and 21.”

Q: For many days my husband can get bail for snatching a mobile

my husband has snatched a mobile of someone now in how many days he can get bail and get free from prison

Advocate Ajitpal Singh Mander answered
Without seeing the allegation and copy of FIR ot cannot be perdicted of the bail period. every state has provide seperate and exclusive offences of snatching like 379 B and section 356 IPC . so without seeing fir i am unable to provide any legal advise.

Q: What to do if there is a false case IPC 376 on me

Hi Sir , sir Mai ek young age student hu . Sir mera ek ladki ke saath affair th 1 year se uske Baad hamare phycal relation bane or kuch problem hone se unke ghat walo ko pta chla to unho ne ladki se mere par IPC 376 ki fir krwa di Lekin ladki fir hone ke Baad bi mere se baat krti this or jab Mai jail me chla gya to uski family ne ladki Ko apni taraf krke meri faimly se case khtm krne ke liye paise magne shuru kr diye to kuch lakhs me compromise ho gya or court me ladki ne byan diya ki Mai is ldke Ko janti nhi or muje bri kr diya jb ki Mai 6th month jail me rha or muje ab pta chla ki je Sochi smji chal thi . Kya sir Mai un par koi case kr skta hu please tell

Advocate Ajitpal Singh Mander answered
Normally you cannot file any case against her as you acquiitef by giving only benefit of doubt. if you have any dpcumentory evidence to prove the money given by you. then it may be however you can file criminal as well as civil suit for malicious prosecution against her and her patents.

Q: What to do if I am a victim of fraud marriage

Hi, I stay in Punjab. I got married in Aug 2017 after 6 months me and my family discovered that, bride is not mentally stable. Her family get setteld in Dubai and they are not willing to take her back. In fact, her family is asking us to leave in temple but they don't want to take her back. Her acts are creating very toxic situation for us. Kindly help me out please !!

Advocate Ajitpal Singh Mander answered
you can file divorce petition against her on the basis of mental incapability. if her position is not fit to live with other persons then you also can file petition before CJM to declare mentally ill for sending in mental hospitals.