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Discharge under 354D and 509 IPC in Saket Court
15-Feb-2023 (In Criminal Law)
I have been booked under 354D and 509 IPC. In the chargesheet there is only the statement of the complainant under 164 CrPC. There are no other witnesses. In the charge sheet it is written that I am suffering from mental diseases. One is schizophrenia. I was afmitted and getting treatment. Can I get benefit of section 84 IPC if I file discharge application?
Yes you can, but that would amount to you admitting the offences alleged.
Would be best to look at your medical history and chargesheet filed before suggesting legal advice.
feel free to contact me incase of any further queries
Would be best to look at your medical history and chargesheet filed before suggesting legal advice.
feel free to contact me incase of any further queries
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Adv. Kunal Seth
Delhi | 500+ Answers
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Dear querist,
The answer to the query is yes. But as you mentioned that there is no reference of any alleged stalking and insults prima facie. Discharge application can be filed and once prima facie no evidence can be drawn out against you, there will be a discharge. provided, what evidence the police has gathered and whether they have chargesheeted you or filed closure can be given weightage. specific facts are needed to ascertain that.
The answer to the query is yes. But as you mentioned that there is no reference of any alleged stalking and insults prima facie. Discharge application can be filed and once prima facie no evidence can be drawn out against you, there will be a discharge. provided, what evidence the police has gathered and whether they have chargesheeted you or filed closure can be given weightage. specific facts are needed to ascertain that.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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You need to hire an expert advocate instead of using your own layman brain ! Mental illness is of many times n until it is declared by qualified doctors and it may have many variations ! Anyways mental illness doesn’t mean u hv rights to molest people ! If this is the case then u must be in mental hospital! Anyways talk to the lady n get it quashed
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Adv. D. Khan
Delhi | 500+ Answers
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Section 84 is a part of your defence and cannot be used to summarily dismiss the charges under the power of Discharge of courts. Even if there is a single statement made by the complainant without corroborating evidence, the judge will be inclined to believe that it is a matter of trial.
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Adv. Rohan Sharma
Delhi | 200+ Answers
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