Advocate Amit Bandyopadhyay

Questions Answered by Advocate Amit Bandyopadhyay

Q: Can a fake 307 case affect the chances of getting a government job

Sir i want to know that i was accused fake ipc 307. It can affect on the time of government job.

Advocate Amit Bandyopadhyay answered
You have to get an acquittal in a criminal case and then get selected for a government job. 307, IPC is a serious offence and the Court of law will have to prove that you are innocent and you have to produce order of the Court at your office.

Q: Threat calls related to civil cases pending in the court

My father is a Licensee of a C.S and F.L shop. One of his ex-Salesman has wrongly filed a Money Suit and a Title Suit on him which is pending in the Court of Law. Today we received a threat call against the same from the ex-Salesmans nephew, where they wanted us to sell the licence to them as well as a lot of verbal abuse and also challenging us to do whatever we can and report them wherever we can. We have the same recorded in our phone. We have lodged a complaint about the same with the local police, and the police has asked us to include the copy of the complaint with our cases. My parents are Senior Citizens and I am really worried about their welfare as the call even included statements like they could have finished us off but they didn't and so on. I really want to know what can be the next step to this.

Advocate Amit Bandyopadhyay answered
YOUR CASE IS SUB JUDICE. HENCE THREAT CANNOT BE GIVEN BY ANYONE TO YOU. INFORM COURT ABOUT SUCH CALLS. FOR THREAT CALLS LIKE THEY WANT TO FINISH OFF YOUR PARENTS, FILE A FIR UNDER IPC SECTION 307 VIZ ATTEMPT TO MURDER AGAINST THEM.

Q: Regarding the Legality of Prostitution in India.

Is prostitution legal in india? I heard its legal and i paid a girl 1000 rupees through paytm but she ran away with my money . When i am asking for service she is saying that i am harassing her and she will give police complaint against me . What to do now?

Advocate Amit Bandyopadhyay answered
PROSTITUTION IS NOT LEGAL IN INDIA THOUGH SEVERAL COUNTRIES OF THE WEST HAVE LEGALISED PROSTITUTION WITH DISASTROUS CONSEQUENCES. IN THE OPINION OF DR RUCHIRA GUPTA, FOUNDER DIRECTOR OF APNE AAP, HEADQUARTED IN NEW YORK, PROSTITUTION IS NOT BY CHOICE BUT BY COMPULSION. HENCE, AS IN YOUR CASE, NO POLICE COMPLAINT CAN BE FILED AGAINST THE GIRL AS , I ONCE AGAIN REPEAT, PROSTITUTION IS NOT LEGALISED IN INDIA AND THE IMMORAL TRAFFIC PREVENTION ACT, 1986 DEALS WITH PROSTITUTION AS AN OFFENCE.

Q: Brother's wife threatening to file false case of Domestic violence

Hello sir, I am married and I am shifted to my father's house & living there permanently.My brother's wife's house constantly give threat to my brother of putting him & his family excluding his wife to put him behind bars fr false allegation of domestic violence.Me & my family want protection from this type of threat and dont want to go behind the bars.How to safeguard my family in this situation?Do I need protection order from court?

Advocate Amit Bandyopadhyay answered
FILE FIR IN LOCAL POLICE STATION AS WELL AS TO THE HEAD OF THE POLICE DEPARTMENT VIZ COMMISSIONER OF POLICE OR SUPERINTENDENT OF POLICE, IN CASE OF DISTRICT, AS THE CASE MAY BE AGAINST YOUR BROTHER'S WIFE UNDER SECTION 506 OF THE INDIAN PENAL CODE, 1860 VIZ CRIMINAL INTIMIDATION AGAINST YOUR BROTHER'S WIFE FOR CONSTANTLY GIVING THREATS TO YOU ON MALA FIDE GROUNDS. SECTION 506, IPC IS A NON-BAILABLE OFFENCE AND, AS PER THE PRESENT CASE, YOUR BROTHER'S WIFE WILL BE VERY EASILY PUT TO 14 DAYS JUDICIAL CUSTODY BY THE DUTY MAGISTRATE. THE DOMESTIC VIOLENCE CASE APPLIES ONLY AGAINST THE HUSBAND AND NOT AGAINST THE BROTHER-IN-LAW.

Q: Mental harassment & false blame for cousin's bad decision making

Sir/ Madam, One of my uncle is blaming me that I have done mental torture against their girl, forcefully drugged her, forced to have alcohol and weed stuff. sexually provoke her to do sex with boys, and told her to give sleeping pill to her mother. But these are all false assumptions. And their girl is 15 now, and she is also blaming me and my mother for this. But these were her own decision. Is there any threat against us! Can't we do anything for this mental harassment day by day.

Advocate Amit Bandyopadhyay answered
THIS IS CRIMINAL INTIMADITION UNDER SECTION 506 OF THE INDIAN PENAL CODE. FILE A FIR IN THE LOCAL POLICE STATIONAND WITH THE HEAD OF THE POLICE DEPARTMENT VIZ POLICE COMMISSIONER OR POLICE SUPER [ IN CASE OF DISTRICT].