Advocate Shreya Kapoor

Questions Answered by Advocate Shreya Kapoor (25+ answers)

Q: Who's responsibility to summon & prosecute after police investigation

After I file private compliant in Metropolitan court, I got judge order for police investigation. If police find valid offense and charges, is it police obligation to summon & prosecute accused or is it still my responsibility to prosecute?

Advocate Shreya Kapoor answered
When a magistrate orders an investigation under Section 156(3) CrPC on your private complaint, the case transitions into a police-led process governed by Sections 156 and 173 of the Code of Criminal Procedure. Once the order is issued and the police register a case (FIR), the responsibility of investigation, summoning, and prosecution moves primarily to the State machinery rather than the private complainant.Police Obligations After Investigation OrderAfter receiving the magistrate’s direction, the police are legally bound to:Register an FIR for the cognizable offence and investigate all related facts and evidence.​On completion, submit a final report (chargesheet) under Section 173(2) CrPC to the magistrate. This report includes evidence, witness statements, and conclusions about whether the offence is made out.​If the evidence supports prosecution, the magistrate takes cognizance of the offence under Section 190(1)(b) CrPC based on that police report, and the State (Public Prosecutor) becomes responsible for prosecuting the accused in court.​

Q: what Cr Code of summons apply for pre-July 2024 cases

IPC not support summons via digital means, but BNS 2023 support electronic service of summons. If matter is pre-Jul 2024 IPC private complaint and not BNS 2023, what Cr code applies to service of summons.

Advocate Shreya Kapoor answered
Section 531 of the BNSS explicitly provides a saving clause: any appeal, inquiry, trial, or investigation pending before July 1, 2024, must be disposed of in accordance with the CrPC, 1973, as it stood before commencement of the BNSS. Hence, all IPC-based cases (including private complaints) filed or continuing from before that date remain subject to CrPC procedure for all stages, including service of summons.​Procedure under CrPCUnder Sections 61–69 of the CrPC, service of summons must ordinarily be by personal delivery or registered post, executed by a police officer or other authorized public servant.Specifically:Section 62(1) allows service by a police officer, court officer, or authorized public servant.Section 62(2) requires personal service of the summons on the individual named in it and acknowledgment by signature.​Section 64 CrPC permits substituted service on an adult household member when the person summoned cannot be found.CrPC, 1973 does not recognize service via electronic communication.

Q: Am I covered under freedom of speech or is it defamation

I had hot argument with my cousin. I told him his wife is a whore to hurt his feelings. He told me he is going to file defamation complaint in an email. To further aggravate him, I told him he does not know that his wife is sleeping around. He is very offended and may file defamation suit. Am I covered under freedom of speech?

Advocate Shreya Kapoor answered
No, your statements are not protected under freedom of speech in India. Calling your cousin’s wife derogatory names and implying infidelity falls squarely within the definition of defamation under Section 499 of the Indian Penal Code (IPC).Legal BasisUnder Section 499 IPC, any spoken or written statement made with intent to harm a person’s reputation is criminal defamation, and it includes imputations about a person’s moral character or sexual conduct that “lower the moral character of that person in the estimation of others”.you have two options either to tender a written apology or fight the case id filed and mitigate your punishment. Kindly contact me for further action.

Q: EMI bounce case payment and settlement systems act section 25

I missed previous first hearing date and This is my second summon from the Ernakulam District court(Kerala) to appear. Will I need to get bail immediately on appearing there or on another hearing date?

Advocate Shreya Kapoor answered
If warrants for arrest have not been issued then it is not necessary that you will need to take bail on the first appearance. However, a reasonable excuse for non appearance should be presented before the court especially if the summons have been duly served upon you. Your lawyer can take another date on medical grounds. however please do not delay appearing before the court as it will only impact your bail later. Kindly note that if warrants have been issued for arrest then furnishing bail will become mandatory on first appearance. if you have any matter in Delhi I can takenit up as I am already handling high value cheque bounce matters.

Q: What are the charges and stamp duty for Relinquishment deed

I jointly own a DDA property in Narela (expandable floor, 22.5 m²) with my wife — each of us holds 50%. I want to transfer my 50% share to my wife. Please advise on the legal options, costs, procedure and tax implications.Questions to ask the lawyer (concise):1. What are the legal options to transfer my 50% share to my wife — relinquishment deed vs gift deed vs sale?2. For a relinquishment deed, what stamp duty % and registration charges apply (Delhi/DDA rules)?

Advocate Shreya Kapoor answered
Transferring your 50% share in a DDA property to your wife in Narela can be done via gift deed, relinquishment deed, or sale deed. Each option has implications for legal process, cost, and taxation. Legal Options for Transfer Relinquishment Deed: Typically used for co-owners relinquishing their share to another co-owner, particularly within the family. This is practical for joint ownership transfer to a spouse. Gift Deed: Enables transfer without consideration between close relatives, including spouses. Stamp duty concessions apply for gifts within the family. Sale Deed: Theoretically possible, but stamp duty is much higher, and tax liability may arise if consideration is paid. Not recommended for spousal transfers.