Advocate Akash Kumar

Questions Answered by Advocate Akash Kumar (25+ answers)

Q: Are complaints confidential under sections 498A/406/34

In Delhi, if a woman makes a complaint in agencies like crime against women and commission for women, and also with the police station, which then becomes an FIR under section 498A/406/34...which was later quashed by court (because mutual settlement of divorce was done prior to court hearing)…Is the women's identity kept confidential & sealed, away from the public record? What if a member of public (not a party to complaint) asks for copies of paperwork? Will he get it at ANY of these places?

Advocate Akash Kumar answered
Yes, in cases involving crimes against women, including complaints filed with the Delhi Police or agencies like the Crime Against Women Cell or the Women’s Commission, the identity of the complainant is protected under Indian law. As per Section 228A of the Indian Penal Code and guidelines laid down by the Supreme Court, disclosing the identity of a woman victim in cases involving sexual offences is strictly prohibited. The FIR, if it relates to such an offence, is kept confidential and is not made publicly available. A third party (not involved in the case) cannot access the FIR or related documents unless they obtain permission from the concerned magistrate or court. Therefore, a member of the public will not be provided with a copy of the complaint, and the woman’s identity will not be revealed.

Q: MLM Company ID ka password nhi de rhi rhi

Company ka khna h ki aap Kam nhi kar rahe ho phle kha krte aap apne marzi se kam Krna ab dadagiri kr rhe h

Advocate Akash Kumar answered
Company ko detailed legal notice bhejein. Agar reply nahi aata, toh FIR darj karwaayein. Agar company galat hai, toh woh turant aapka case sahi karegi ya samjhauta karegi. jsjsjsjsjsjsjsjjsjsdhhdhdhdhshshshhshs

Q: Appearing In Court For Notice 138...

My friend has received this notice in regards late payment or non payment of his loan, he has received this notice from Saket court In Delhi, he lives in Mehsana, Gujarat, how to legally answer this...??

Advocate Akash Kumar answered
Normally, a case should be filed where the borrower resides or where the agreement was executed. If your friend never agreed to Delhi jurisdiction in the loan agreement, he can challenge the territorial jurisdiction of the Saket Court.Since your friend lives in Gujarat, he may give a PoA to a lawyer in Delhi to appear on his behalf, saving the need for repeated travel.

Q: Criminal Complaints are Confidential/Sealed?

In Delhi, if a women makes a complaint in agencies like crime against women and commission for women, and also with the police station, which then becomes an FIR...Is the women's identity kept confidential and sealed in all the paperwork, meaning away from the public record? What if a member of public (not a party to the complaint) comes to the agencies, and asks for copies of the complaint? Will he get it? Will the woman's name be revealed?

Advocate Akash Kumar answered
Yes, in cases involving crimes against women, including complaints filed with the Delhi Police or agencies like the Crime Against Women Cell or the Women’s Commission, the identity of the complainant is protected under Indian law. As per Section 228A of the Indian Penal Code and guidelines laid down by the Supreme Court, disclosing the identity of a woman victim in cases involving sexual offences is strictly prohibited. The FIR, if it relates to such an offence, is kept confidential and is not made publicly available. A third party (not involved in the case) cannot access the FIR or related documents unless they obtain permission from the concerned magistrate or court. Therefore, a member of the public will not be provided with a copy of the complaint, and the woman’s identity will not be revealed.