LawRato

How to defend false accusation under section 354D of IPC


24-May-2023 (In Criminal Law)
I was in a relation and my girl got married to another guy. Later her in laws family members came to know about our past. She still insisted to talk and kept on calling and then after a month she in pressure of her in laws filed a case against me. Police too had registered the case without any investigation and said they had pressure from higher authorities. Can this case end at time of filing charge sheet?
Answers (3)

Answer #1
612 votes
The question arises id the police had filed an fir or not ....if the police had filed an fir then you will have to get an anticipatory bail and then wait for the proceeding to get to the witnessing of the girl...after that you will acquitted...
People also ask

What is bail under section 354D?

The Indian Penal Code 1860, Sections 354A, 354, 354C, and 354D are bailable offences. Therefore, the accused has a right to bail. To be granted bail, he must apply for it. You have been arrested on a charge that is bailable ....

How do you prove a false 354 case?

You must produce documents, witnesses or other evidence to prove your innocence if you are the subject of a 354 IPC case. ... You must prove your innocence again if a charge sheet is filed before a court of law.

What is the offence under IPC 354D?

The Indian Penal Code (IPC), section 354D, deals with stalking. Stalking is a crime that involves unwanted and persistent attention, monitoring or contact. It is primarily committed against women to protect their safety and dignity. 21-Oct-2023

  
Answer #2
861 votes
Hello kya apka case ragistered ho gya he agr ha to contest krna padega or proof bhi krna padega ki ladki or apki consent se hi sb hua ..

Answer #3
726 votes
You shall need to bring evidence that you were in relation with Girl and she is the one who insisted in talking with you and hence offense under section 354D is not made out. Statement of Girl of of lot of importance, and if she supports you in her statement, then this FIR may lead to closure. In the alternate you may also approach HIgh court u/s 482 Crpc for quashing of FIR

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."