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Protection from false case of 354 ipc
27-Nov-2023 (In Criminal Law)
I have 3 brothers on elder in police and two younger A nd B (supposed). I left my house 8 years back. A dispute arised between the wifes of my two younger brothers A's wife used detrotriating language for the caste of B' wife on facebook . B's wife filed a complained in sc st commission and NBW was issued agains't A' wife. Responding to it A's wife filed a case u/s 354 ipc against the father and brother of B' wife. The court also find it as counger blast case and granted anticipatory bail to The father and brother of B's wife.. Now after more than a year police has summoned me u/s 41 in the same case. The I O is not listenting us under the preasure of my elder brother who is in police also. I am a witness in the case against A's wife thats why she is framing me also. What shall I do to protect myself from this false case and for future as well.
As far as i understand your situation let me narrow it down:-
You are a witness in the Case filed by B's Wife
You are arraigned as an accused in the Case filed by A's wife u/s 354 IPC
You feel that you are being dragged into the 354 case because you are in support of B'wife for the facebook related posts.
The above is what i can decipher
If you are not an accused in the 354 case, and the police intend to arraign you as an accused, the police may arrest you without a warrant, but as you have mentioned that they have summoned you that means arresting you would not be their choice as they are giving you an opportunity to come forward and truly testify in the matter.
Frankly Speaking this requires much more disclosure of the paper work, so far to actually come to know what has been issued, what are the steps taken, what is actually left out in your above explanation.
If you are called as a witness then there is absolutely nothing to worry about or fear as you have to be only honest and a good listener while answering the questions put by the officers concerned. And your elder brother's position in the police is concerned i require some more details and disclosure to be a judge of that and answer that how far an influence can actually be helpful/harmful.
I hope you understand what i am trying to convey
Take Care
You are a witness in the Case filed by B's Wife
You are arraigned as an accused in the Case filed by A's wife u/s 354 IPC
You feel that you are being dragged into the 354 case because you are in support of B'wife for the facebook related posts.
The above is what i can decipher
If you are not an accused in the 354 case, and the police intend to arraign you as an accused, the police may arrest you without a warrant, but as you have mentioned that they have summoned you that means arresting you would not be their choice as they are giving you an opportunity to come forward and truly testify in the matter.
Frankly Speaking this requires much more disclosure of the paper work, so far to actually come to know what has been issued, what are the steps taken, what is actually left out in your above explanation.
If you are called as a witness then there is absolutely nothing to worry about or fear as you have to be only honest and a good listener while answering the questions put by the officers concerned. And your elder brother's position in the police is concerned i require some more details and disclosure to be a judge of that and answer that how far an influence can actually be helpful/harmful.
I hope you understand what i am trying to convey
Take Care
Adv. Mrinal Pillai
Mumbai | 25+ Answers
CONTACT NOW
- Section 354 of IPC
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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