Advocate Vishwas

Questions Answered by Advocate Vishwas (25+ answers)

Q: Zype Loan App Recovery Harrassment

Hi Mam, Good Morning My name is Kavya and I am from Bangalore. I had taken a loan from Zype App, I was able to pay till last July 2024, due to financial issues and job loss in Dec 2023 I was unable to pay the due to them, last month I got job and I am willing to pay from next month, the recovery agents of Zype app are calling randomly and continuously to my contact and threatening them that they will block their account and can't do financial transaction also, zype app recovery agents are sending my photo to my contacts, my name is getting damaged in my family and known circle, now since yesterday they startied calling my colleagues personal number in my current company where I don't have my colleagues personal number. Kindly help me to resolve this Thanks in Advance

Advocate Vishwas answered
Dear Kavya,Based on your situation, the actions of Zype App’s recovery agents—such as sharing your photo, calling your contacts, and making threats—are illegal and violate RBI guidelines on loan recovery. Here’s what you can do:Immediate Steps:1. Document Everything:

Q: Husband problem he always disputes with me .i want to live separate.

i am a married person female i married a guy that inter-caste i have two kids.boy is 9 yrs and girl is 5 yrs.14 yrs of my marriage life struggled a lot only problem is starting dowry he asked and then he addicted to alcohol daily drinking not going to proper job then daily drinking and fighting in house with me with very bad words.i cant tolerate now a days i have to live with my parents.my parents are very poor family. now my mind and thought not ready to accept him to living life with him.

Advocate Vishwas answered
Legal Remedies Available1. Divorce (Under Hindu Marriage Act, 1955 or Special Marriage Act, 1954)Since she no longer wants to live with her husband, she can file for divorce on grounds of cruelty, desertion, and habitual intoxication (under Section 13 of the Hindu Marriage Act).2. Protection from Domestic Violence (Protection of Women from Domestic Violence Act, 2005)She can file a case under this Act for protection orders, residence rights, monetary relief (maintenance), and custody of children.A protection officer will help her get relief from the court.3. Maintenance (Under Section 125 CrPC & Hindu Adoption and Maintenance Act, 1956)Since her husband is not supporting her financially, she can file for maintenance under Section 125 CrPC for herself and her children.The court may direct her husband to pay monthly maintenance even if he is unemployed.4. Dowry Harassment Case (Section 498A IPC & Dowry Prohibition Act, 1961)If she was harassed for dowry, she can file a police complaint under Section 498A IPC.This can lead to criminal action against her husband.5. Custody of ChildrenShe has a strong claim for custody of her children under the Guardians and Wards Act, 1890, as the father is financially unstable and addicted to alcohol.Next Steps for Her1. Consult a local advocate – To initiate legal proceedings.2. File a police complaint – If she is facing any threat or abuse.3. Approach the Women’s Commission – They can provide counseling and legal support.

Q: I have received a notice from police station what should I do

I received a message last year saying part time job and i clicked on link and got reverted to telegram they said part time job like we will give you money and bank details you have to pay them the money and I did as they promised to pay me commission I did around 2 lakh rupees transaction using my jio bank account and I have received a notice saying I have a case failed against me and I need to visit cyber police station the sections are 66(c) 66(d) 318(4) BNS U/s 94 & 179 of BNSSPlease help m

Advocate Vishwas answered
1. Understand the ChargesThe sections mentioned in the notice indicate offenses related to identity theft, cheating by impersonation, and money laundering:Section 66(C) IT Act – Identity theft (misuse of someone's personal data).Section 66(D) IT Act – Cheating by impersonation using computer resources.Section 318(4) BNS – Likely related to fraud under the Bharatiya Nyaya Sanhita (BNSS).Sections 94 & 179 BNSS – Possibly related to dishonestly receiving stolen property and failure to cooperate with authorities.2. Immediate Steps to TakeDo not ignore the notice – Visit the cyber police station as mentioned.Gather all evidence – Collect chat records, payment screenshots, and any proof showing you were unaware of any fraud.Avoid admitting guilt – Only provide factual details.Consult a lawyer – Since the case involves financial transactions and cyber fraud, legal representation is crucial.

Q: Can I install a CCTV camera inside the Room?

My wife is a careless person. She never takes care of anyone apart from herself. Having told many times to take care of household things ended up arguments. Recently, She became mother. Now, she does not take care of the baby in timely manner. In this case, I am thinking to place CCTV camera in all rooms without notifying her at the time of fixing. later when She is back to home city I will inform.In such scenario whether will there be any legal action/false case against me?

Advocate Vishwas answered
Legal Implications:1. Right to Privacy (Article 21 of the Constitution) – Your wife has a fundamental right to privacy. Installing cameras without informing her may be considered an invasion of her privacy.2. Violation under IPC & IT ActSection 354C IPC (Voyeurism) – If the cameras capture private moments without consent, it could lead to legal action under this section.Section 66E of IT Act – Capturing, publishing, or transmitting private images without consent can lead to imprisonment and fines.3. Domestic Violence Act, 2005 – If your wife feels mentally harassed or that her privacy is violated, she may file a case under the Protection of Women from Domestic Violence Act (PWDVA), 2005.4. Admissibility of CCTV Evidence – If a dispute arises, courts generally accept CCTV footage as evidence, but if it is obtained in violation of privacy, it may not hold much legal weight.Precautionary Steps:Obtain Consent – Instead of installing cameras secretly, discuss this with her and obtain her consent.Limit Coverage – Cameras in common areas (living room, kitchen, baby’s room) are more justifiable than placing them in bedrooms or washrooms.Explain the Purpose – Clearly communicate that the purpose is to ensure the child’s well-being.Legal Consultation – If you're facing genuine concerns about child neglect, seek legal advice regarding child custody or welfare proceedings rather than installing cameras secretly.sometimes you can.. Yes, there is a possibility of a false case or legal action against you if she objects to the secret installation. It is advisable to take a cautious approach and communicate transparently.

Q: False abetment to suicide case

My uncle son is very ill suffering from cancer so in case of his death since my uncle and aunt have grudge on our family and have issues with my parents if they commit suicide and mention our name

Advocate Vishwas answered
1. Gather Strong EvidenceCollect documents, call records, messages, CCTV footage, and other proof that shows your innocence.Obtain witness statements that support your defense.2. File for Quashing of FIR (Section 482 CrPC)If the case is baseless or lacks prima facie evidence, file a quashing petition in the High Court under Section 482 CrPC.3. Challenge the Ingredients of Abetment (Section 107 IPC)The prosecution must prove intent and active involvement.If you had no direct role in the offense or no mens rea (guilty mind), argue that abetment is not established.4. File a Counter-Case (If False Case is Malicious)Section 211 IPC – If a false charge is filed, you can file a case for malicious prosecution.Section 500 IPC – If your reputation is damaged, file a defamation case.Section 250 CrPC – Seek compensation for false accusations.5. Seek Bail if RequiredIf an FIR is lodged, apply for anticipatory bail (Section 438 CrPC) to avoid arrest.6. Cross-Examine the ComplainantDuring trial, expose contradictions and falsehoods in their statements.Use evidence and legal precedents to prove the lack of abetment.7. Get a Legal Opinion & Expert LawyerEngage an experienced advocate who specializes in criminal defense.