Advocate Chanakya Bandy

Questions Answered by Advocate Chanakya Bandy

Q: Illegal release of accused under BNS 69 & SC/ST Act by police

I registered an FIR under Sec 69 BNS & Sec 3(2)(v) SC/ST Act. Favorable MLC report is on record, and pen drive submitted. Police arrested the accused but released him shortly. Handling officers, Inspector, and ACP are completely ignoring my calls/messages and refusing to disclose the legal basis of release. What immediate legal remedies do I have under Indian law to challenge this release and demand re-arrest?

Advocate Chanakya Bandy answered
As per the applicable provisions of Indian law, you may submit a formal written representation to the Superintendent of Police, bringing on record the registration of the FIR under Section 69 of the Bharatiya Nyaya Sanhita, 2023, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989, along with the MLC report and details of the electronic evidence submitted to the investigating agency. You may seek a written clarification regarding the circumstances and legal grounds of the accused’s release and request a fair, effective and time-bound investigation. In the event of police inaction, you may approach the jurisdictional Special Court/Exclusive Special Court under the SC/ST Act or the competent Magistrate, as applicable, for appropriate relief in accordance with law. The legality of the accused’s release and the necessity of further arrest will depend on the case record and applicable legal provisions; re-arrest cannot be demanded as an automatic consequence of release. Preserve all documentary and electronic evidence, acknowledgments and records of communications with the police. The appropriate remedy should be determined after examining the FIR, case diary status, arrest and release records, and the precise allegations.

Q: Contested divorce,file custody or not ?

Should I file custody under sec 26 or seperately under GWA if child kept away for years. Case moving slowly only reached cross, to begin soon. Will custody delay divorce, how long will it take from cross till decision if nothing is done. Will visitation be given without delaying divorce case.

Advocate Chanakya Bandy answered
It would be advisable to promptly initiate appropriate proceedings under Section 26 of the Hindu Marriage Act, 1955, seeking visitation rights (now commonly referred to as parenting time).However, the question of custody depends on several factors, including the age and gender of the child, the child’s wishes and preferences (depending on age and maturity), emotional comfort, welfare, and the ability of each parent to provide a suitable environment. Ultimately, the child’s welfare and best interests are the paramount considerations in determining custody and visitation.