Advocate Chirag Madan

Questions Answered by Advocate Chirag Madan

Q: Is adult chat on whatsapp on both concent is crime or not?

I am a bright student and i did sexting/adult chat ( no nude or porn but only chat) with my female friend and both are involved in it.We both are adult.The girl is friendly talking with me everday.now a days the girl is using abusive slang word but i didn't used it . If after some year if the girl do complain against me in police, can I be arrested under various sections like sec 354, 509, sexual harrasment etc. I am preparing all india exam and i am very worried because i knew it from various websites that as indian laws are female friendly so she can do anything on you although she involved in it.

Advocate Chirag Madan answered
The girl can definately file a complaint against you but whether you will be arrested. The answer to this goes both ways as first delay will have to explained. secondly if she files a complainant which is converted into an FIR you can file for anticipatory bail. Thirdly if you are apprehending something of this sought file a complaint before a police station for your defence later on.

Q: ANTICIPATORY BAIL REQD FROM HIGH COURT

I HAVE A CASE IN TIS HAZARI COURT CASE NO. CA/54654/2016 I HAVE FILLED APPEAL IN SESSION COUR IN 2016 NOW I THINK MY FINAL JUDGMENT ORDER DATE 03.10.2018 SO I JUST WANT ANTICIPATRY BAIL

Advocate Chirag Madan answered
Under law there is no provision for obtaining anticipatory bail after conviction. As per your query your case at the appeal stage, you have presumably been convicted by the Magistrate/ trial court. If there is a conviction then your recourse under law would be a Revision application under section 397 of the Cr.PC but unfortunately you will have to surrender before the appellate court. Under section 397(1) Cr.Pc has the power to release a person on bail but that will be regular bail. There is no provision for anticipatory bail in your case.

Q: Bail Application Under 120b

And please tell is it a compulsion that first bail has to be rejected if accused is under 120b nd he's in judicial custody in tihar jail and which court( session or district) will give bail . The matter is in Rohini court Delhi

Advocate Chirag Madan answered
Section 120-B IPC deals with the punishment for criminal conspiracy. It is a substantive offence. The accused must be charged with some other offence along with 120-B. There is no compulsion that the first bail has to be rejected, it depends totally on the facts of each case and the role alleged to the accused. As far as the court is concerned under the CRPC it has been specified which offence is triable by the Court of Session or Magistrate.

Q: How to file attempt to murder case and domestic violence on husband

Need to know the procedure to file complaint against husband for attempt to murder and domestic violence?

Advocate Chirag Madan answered
In order to file a case for Attempt to murder first you need to approach the Police Station and file a written complaint. On the basis of that written complaint the Police will lodge a First Information Report (FIR). After the FIR is lodged they police will start their investigation and the offence being a Non-Bailable offence , the accused is likely to be taken into custody. As far the case under the Domestic violence is concerned it shall be filed with provisions of Domestic Violence Act,2005. This complaint will be filed before a Magistrate who has competent jurisdiction to try the case. The Domestic violence Act has provisions for Protection orders, Residence orders, Monetary relief etc.

Q: Already married, can i marry another woman by changing religion

HI , I have been married from last 4 years , have a daughter and now i am in love with some other girl from last 2 years and wants to get divorce since its not easy to live there and all family members are making my life hell , is there any procedure that if she is not giving me divorce i can marry to another girl by changing religion ? i am Hindu and can turn into islam Regards

Advocate Chirag Madan answered
No you cannot marry the other girl by changing your religion. The doctrine of indissolubility of marriage, under the traditional Hindu law, did not recognise that conversion would have the effect of dissolving a Hindu marriage. Conversion to another religion by one or both the Hindu spouses did not dissolve the marriage. If you do so you can be charged under section 494 of the Indian Penal Code for Bigamy.