Advocate Deepak Kumar

Questions Answered by Advocate Deepak Kumar (25+ answers)

Q: Mother abuses her children, father a civil servant

Mother abuses both her children. Son is minor, 17 Years Old. Her sister (Masi / Aunt) and husband (Father) supports the crime. Father is a Civil Servant , an IRS Officer. During the abuse, father runs away and acts as if he knows nothing and has seen nothing but when any child goes and makes a complaint, father harasses the child and puts false allegations on the child. All Civil Servants, Police and the Schools refused to acknowledge the complaint. NCPCR & NCW dismissed the complaint.

Advocate Deepak Kumar answered
This is a serious case of child abuse and harassment by the mother and father, an IRS officer, who is complicit and retaliates with false allegations when the children complain. Under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 75 of the Juvenile Justice (JJ) Act, 2015, both parents can be held liable for cruelty and abuse. Despite the father’s position, his status as a civil servant doesn’t grant immunity—Section 218 of the BNSS requires sanction for prosecution, but this can be pursued. The minor son (17 years) and sister should be removed from the abusive environment immediately—approach a Child Welfare Committee (CWC) under the JJ Act for protection and custody orders. File a complaint with the police under Section 173 of the BNSS, and if they refuse to act due to the father’s influence, escalate to the District Magistrate or High Court via a writ petition (Article 226).

Q: Legal case on personal loan under section 25

Settled a PERSONAL LOAN 9 months back. Expected that case would be revoked by bank as mentioned in settlement leter. Recently received arrest warrant for same legal case. Reached out bank on the matter, official reply awaited. Meanwhile, someone called me with an excuse that after settling my credit card, case will be revoked.Case was filed for loan (as communicated by bank) which is settled. Moreover, case filed under section 25, which can't be imposed on credit card.Please guide.

Advocate Deepak Kumar answered
The situation involves a settled personal loan and a credit card case, with a new case filed under Section 25, likely related to cheque bounce laws in India (under the Negotiable Instruments Act, 1881). Since the loan was settled 9 months ago and the bank confirmed this in writing, the arrest warrant may be erroneous or fraudulent. The claim about revoking the credit card case post-settlement seems suspicious, as settled cases typically can't be reopened unless fraud or misrepresentation occurred. Section 25 of the NI Act deals with dishonored cheques but doesn't apply to credit card cases directly—it’s likely a miscommunication or scare tactic. First, verify the arrest warrant's authenticity by contacting the court or police station directly. Then, share the bank's settlement letter with the authorities to clarify the loan's status. If the new case is baseless, you can file a quashing petition in the High Court under Section 482 of the CrPC.