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False case of harrassment .false 354(B)
08-Feb-2023 (In Criminal Law)
A female has filed a fasle case of 354B case against myself and 2 others in our office. A public(male) came and assaulted one of our employee and we filed a 353 case against him. Now a day after we filed a case he made his wife to file a 354B case and other sections against me and my subordinates. We have submitted a CCTV footage where that public is coming alone to our office and the police is taking him along to the police station.his wife had not come to office at all and it was a mere blackmail on us and a counter fake 354B complaint has been filed on us. We have submitted our proofs to the police and they have submitted B report and submitted to the court . Now if he tries to challenge the B report what can be done . Please suggest
Dear Sir,
When B Report is filed normally it will be accepted. One chance will be given to the complainant to file protest/projections to B Report. Then he may be asked to produce Affidavit Evidence and documents. You will not be in picture till the Trial Court takes cognizance and issue summons to you. If you receive Court summons then you have to challenge such private complaint before the High Court and seek Quashing of the same.
When B Report is filed normally it will be accepted. One chance will be given to the complainant to file protest/projections to B Report. Then he may be asked to produce Affidavit Evidence and documents. You will not be in picture till the Trial Court takes cognizance and issue summons to you. If you receive Court summons then you have to challenge such private complaint before the High Court and seek Quashing of the same.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Can 354 IPC be compoundable?
Compoundable offenses are those which can be re-combined or negotiated outside of court. In the past, Section 354 IPC crimes were compoundable. After the 2009 amendments to the code, the offence is no longer compoundable. 07-Jan-2023
Is Section 354B IPC compoundable?
IPC section 354 is not a compoundable offence. This means that even if the victim wanted to, they could not withdraw their case against the accused. The trial will take place and the court will decide if the accused is guilty.
Is 354A IPC compoundable?
2. The Court held the Section 354A offence of the IPC as not being compoundable. Instead, it was a crime against society. The Court used its inherent powers in Section 482 (CrPC), owing to Respondent No. 31-Jul-2023
How do I get bail in Section 354B IPC?
How to get anticipatory bond in IPC 354.B? If the FIR is filed, then your lawyer will approach the concerned court and apply for anticipatory bonds.
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