Advocate Rishi Sachdeva

Questions Answered by Advocate Rishi Sachdeva (25+ answers)

Q: Suffering From Frotteurism....

If a person suffering from frotteurism accused of ipc 354 .Will that person be acquitted under section 84.

Advocate Rishi Sachdeva answered
Section 84 of the Indian Penal Code (IPC) provides for the defence of insanity. If a person, at the time of committing the offence, was of unsound mind and incapable of knowing the nature of the act or that it was wrong or contrary to the law, then such a person cannot be held criminally liable for the offence.In the case of an accused suffering from frotteurism, which is a sexual disorder that involves touching or rubbing against a non-consenting person for sexual arousal or gratification, the accused may argue that they were suffering from a mental illness at the time of committing the offence and, therefore, should not be held criminally responsible.However, the defence of insanity under Section 84 is not easy to establish. The burden of proof is on the accused to show that at the time of the offence, they were of unsound mind and incapable of knowing the nature of the act or that it was wrong or contrary to the law. The court will consider medical evidence and expert opinions to determine whether the accused was suffering from a mental illness that affected their ability to know the nature of their act.If the accused is able to establish that they were of unsound mind at the time of the offence and did not know the nature of their act, then they may be acquitted of the offence under Section 84 of the IPC. However, this will depend on the specific facts and circumstances of the case and the evidence presented before the court.

Q: If a person is arrested for 100 cases of cyberstalking.Will he be jail for 100 ×3 =300 years or maxi

If a person is arrested for 100 cases of cyberstalking.Will he be jail for 100 ×3 =300 years or maximum sentence can't exceed 14 years.

Advocate Rishi Sachdeva answered
The sentence for cyberstalking would depend on the specific laws under which the person is charged and convicted. In India, the punishment for cyberstalking may vary depending on the severity of the offence and other factors such as the number of cases involved, the harm caused to the victim, and the criminal record of the accused.Under the Indian Penal Code (IPC), cyberstalking may be punishable under various sections such as Section 354D (stalking) or Section 509 (word, gesture, or act intended to insult the modesty of a woman) or Section 500 (defamation), depending on the nature of the offence. The punishment for each of these sections ranges from imprisonment for a term of up to 3 years, to imprisonment for a term of up to 7 years, along with a fine.Therefore, if a person is arrested for 100 cases of cyberstalking, the maximum sentence that can be imposed on them would depend on the specific charges and their severity. The court may take into account various factors such as the number of cases, the severity of the offence, and the criminal record of the accused while determining the appropriate punishment. The maximum sentence that can be imposed for any offence under Indian law is limited to the maximum punishment prescribed for that offence. It cannot exceed that limit, which is usually less than 14 years for most cyberstalking offences

Q: No Action Ipc 354.............

A man touch me from behind in crowded market place.A third person record it and upload in youtube.police have not taken action against accused suo moto.Its more than 3 month .Can I file delay FIR under section 354 after 3 month.

Advocate Rishi Sachdeva answered
Under Section 156(3) of the Code of Criminal Procedure (CrPC), any person can file a complaint before the Magistrate or police officer, and the Magistrate or police officer can take cognizance of the offence and direct the investigation of the same.In your case, if the police have not taken any action against the accused even after the recording and uploading of the incident on YouTube, you can file a complaint under Section 156(3) of the CrPC before the Magistrate or the police officer, seeking an investigation into the matter.You can approach the concerned Magistrate or police officer with all the relevant details and evidence available to you and explain the reasons for the delay in filing the complaint. The Magistrate or police officer, after examining the complaint, may take cognizance of the offence and direct the concerned police officer to investigate the matter.It is important to note that the power under Section 156(3) of the CrPC is discretionary and should be exercised judiciously. You may want to consult with a lawyer who can guide you through the legal process and ensure that your rights are protected.