Advocate Tanmoy Chattopadhyay

Questions Answered by Advocate Tanmoy Chattopadhyay (900+ answers)

Q: Difference between 354 and 354a ipc

What is difference between sexual harassment and molestation?, difference between section 354 and 354a?

Advocate Tanmoy Chattopadhyay answered
354 has an element of force in it. so to molest someone there's this physical force involved. 354A need not have any physical force involved and yet may harass anyone sexually mostly woman. regards,Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.

Q: I encountered an escort service scam online, and my money was not returned. This escort scam turned

I contacted an escort service I found online. They asked for various amounts totaling 32,149 but did not provide the service and refused to return the money, indicating it was an escort scam or escort service scam.

Advocate Tanmoy Chattopadhyay answered
investing money in an illegal venture itself is illegal and therefore no remedy before any court of law can be obtained in such cases. you are advised not to fall trap in such proposition in future. however in case you have documented proof of the money being given for such service then you can file complaint against such service provider before the police and if the police fails to take action then you can file a court case against the police and the police will stop the illegal business of such service. Regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.

Q: How to escape from 420 case ?

Mrs. 'A' has given money via bank transfer to Mr. 'B' of around 40 Lakhs. They both were in a good relationship. After a few months, 'B' got married. 'B' never promised to marry 'A.' However, 'A' has filed an FIR against 'B' under IPC 420, 120B, and 376. The money transaction is correct, but the amount was lost in gambling or trading. Now, 'B' has no capability to repay the amount. Additionally, 'B' never had any physical relationship with 'A.' Now, 'A' is using women empowerment laws in this case. 'B' has a history of a head injury before meeting 'A' and is undergoing psychiatric treatment for depression.

How to escape from 420 case? Please provide legal advice or suggestions on how to overcome this situation. Presently, anticipatory bail has been applied in the High Court against an issued warrant. 'B' is a central government employee in defense. What should 'B' do after getting bail? What is the punishment under IPC 420?

Advocate Tanmoy Chattopadhyay answered
There seems to be more than what meets the eye. Since I am not privy to the contents of the anticipatory bail application before the High Court, it is difficult to comment on the merits of the case. However, the first step should be to review the complaint filed by 'A' to understand the exact allegations.

If 'B' is a defense employee, it is advisable to consult a lawyer immediately with all relevant documents. After securing bail, one can explore legal options such as quashing the FIR, applying for discharge, or facing the trial, depending on the facts of the case. If you are looking for 420 IPC acquittal cases, past judgments may provide insights into legal defenses.

For more details on 420 case details, punishment under Section 420 IPC includes imprisonment of up to seven years along with a fine. Proper legal defense and strategy are essential to fight such cases.

Q: Explain frt full form in law ? Does it mean that investigation has been closed by police

What is FRT in law? Does it mean that the investigation has been closed by the police and you can't go to court for justice?

Advocate Tanmoy Chattopadhyay answered
FRT full form is Final Report. In legal terms, FRT full form in law refers to a report where the case is recommended to be closed against the accused. If you are an accused, then unless the defacto complainant challenges that report and seeks an investigation, you are not required to go to court to face trial. In case you are the defacto complainant, you can either choose to accept the report or make an application before the court under Section 173(8) CrPC seeking further investigation.

If you are asking about FRT full form in police, it also stands for Final Report filed by the police when they conclude that no further investigation or trial is needed. Similarly, FRT full form in court refers to the same final report submitted before the magistrate for approval.

Q: Maximum time limit to file chargesheet and quashinh FIR

One of my relatives has been falsely implicated under section 354, 354A, 354C, and POCSO 12. The complainant has lodged an FIR when she is 18 year 8-month-old. In FIR she has mentioned that the accused person (40-year-old) used to outrage her modesty by touching private parts of her body since the year when she was 16-year-old. She also added that the accused person took some nude photos when she was under 18 (though no such photos are found in the seized articles, i.e., one mobile and two laptops so far, also the seized mobile was bought after the complainant completed her 18 years) and used to intimidate her to publish her photos. In 161 statement the victim has contradicted the FIR mentioning that she has the love relation with the accused, and they had sexual relation without intercourse with their own accord. The accused has got bail from court after 4-day police custody. 1.In this case how long can police take to file charge sheet (already 60 days gone)? 2.Can we quash FIR 3.maximum time limit to file chargesheet in pocso act

Advocate Tanmoy Chattopadhyay answered
The time period of investigation is the prerogative of police or investigation agencies. the only consideration could have been the question of bail in case your relative is in custody pending investigation then he could have applied for default bail in case the investigation was complete within 60 days. since your relative is already on bail so that question does not arise. filing chargesheet will be only after completion of investigation. if you feel the investigation agency is delaying the matter then you may apply either to the CJM or the session judge or the high court for necessary direction upon the investigation agency. coming to the part of quashing of FIR it has to be clearly borne in mind that delay in filing charge sheet cannot be a ground to quash FIR. more importantly when the allegations are as serious as those of sexual relation with a minor ( even without intercourse) the quashing of the same will be a very difficult task but not impossible which can be ascertained only after going through the whole case documents. you can always quash the FIR if there exist ground for so doing which a lawyer will be able to fish out after perusing the brief.