Advocate Akash Chikate

Questions Answered by Advocate Akash Chikate (25+ answers)

Q: False accusition under section ipc 509

Falsely accused under ipc section 509 almost a year back want to file a defamation case and in proff I have video recording where it is clearly showing that I have not done anything

Advocate Akash Chikate answered
If you were falsely accused under Section 509 IPC and you have clear video evidence proving that no such act was committed, you can definitely take legal action. There are two possible remedies: 1. Defamation case (criminal or civil):You may file a criminal complaint under Section 500 IPC or a civil suit for damages, provided you can show that the allegation was false and intended to harm your reputation. 2. Action for false and malicious complaint:You may also consider filing a complaint for giving false information to police (Section 182 IPC) or for misusing the legal process, depending on facts.Before filing defamation, courts generally expect that the earlier case is closed, withdrawn, or you have been discharged/acquitted, because it strengthens your claim that the allegation was indeed false.Your video recording will serve as important evidence, but it must be authenticated and shown to be genuine

Q: Pocso Act - Section 161 CrPC / Section 162(1) CrPC

1. In POCSO cases, since the victim is a minor, can the 161 statement b co-signed by IO & NGO worker or only the IO? and if signed by the NGO worker - is this a violation? 2. In the same way, do the other witnesses sign the 161 statements with the IO. If signed by the witnesses, again - is this a violation?3. If yes, what are the consequences for this breach - will/should these statements be admissible/inadmissible in Court? - will the IO be taken to task?

Advocate Akash Chikate answered
Under POCSO, a statement under Section 161 CrPC must be recorded only by the Investigating Officer. It is not required to be co-signed by an NGO worker, parent, or any other person. If an NGO worker has signed it, that signature has no legal effect, but it does not invalidate the statement. The statement remains a 161 CrPC statement, which is anyway not substantive evidence and is used only for contradiction under Section 145 of the Evidence Act.Similarly, other witnesses cannot “co-sign” the 161 statement. Their signatures are not required and ideally should not appear on the document. This is a procedural irregularity, not an illegality that vitiates the entire investigation.Such irregularities do not make the 161 statements inadmissible, because 161 statements are not admissible in the first place except for contradiction. Courts generally look at whether prejudice was caused to the accused. If not, the trial is not affected.If the breach is serious or repeated, the IO may face departmental action for improper procedure, but it will not automatically result in the case being dismissed

Q: How can I quash a private complaint if summons not issued

Complainant Filed case in Oct 2024 for forged signature but I wasnt involved. The court passed interim order that investigation u/s 156 not required but have asked for complainant to verify the document on next date. I am one of the respondent to this and court has not issued any summons. Can I respond to the case Suo Moto and try for quashing of private complaint as I am not guilty in this matter

Advocate Akash Chikate answered
Yes certainly you can do it. you can appear through a lawyer and file a detailed submission highlighting that you had no role in the alleged forgery.Quashing before the High Court is possible only after the court issues process/summons against you, as that is when you technically become an accused. If summons are not yet issued, quashing is generally premature.For now, you may wait for the court’s next order or file a representation through your lawyer to clarify your non-involvement.

Q: An adult of 23 years old sexting chats with mutual consent to a minor

Is an adult of age 23 talking dirty and obscene with a minor below 18 years with mutual consent from both the people in India , is it criminal , please throw detailed light for example a third person files a complaint what can happen , and if either of the actual two person file complaint , as it doens't fall into harassment of any kind .

Advocate Akash Chikate answered
Consent from minor is not valid consent hence the complete incident will fall under case of POCSO . Third party complaint may not be entertained. Any legal guardian or any one parent may file it in absence of both any one can file it.

Q: Attempt to theft and serious injury

While travelling in a city bus one woman tried to snath mangalsutra n hurted by knife on hand seriously.

Advocate Akash Chikate answered
You will need to Register FIR in the nearest police station. Also you can file private complaint/application before JMFC court and secure order to collect the all cctv footage of the bus route. (Police stations are heavily loaded with lot work hence this application will be helpful to secure the evidence and find the thief)