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Uncle blackmailing mother to return money


30-Mar-2023 (In Criminal Law)
Hi sir, I'm a married girl.my marriage took place 2 years back.I was very in her life but from last 4-6 my mother's brother (uncle) is sending msgs to my husbands brother(brother in law) that my mother has taken 6 lakh rupees for my marriage from him(uncle) & not returning the money. But actually the truth is she has not taken a rupee from him. My uncle is sending msgs to my brother in law to help him get his money back or help him some other way. I live in a joint family with my brother in law, father in law, mother in law etc. My uncle is trying to make my & my mothers bad reputation in my family. My uncle has once beat my mother who is actually a widow woman. We have complained about that situation to police but they ignored it. I request you to please help me to get out of these situation
Answers (1)

Answer #1
826 votes
Mam, As per my knowledge and information.

That your brother in law has to give the complaint to the police station that your uncle is black mailing for the money which was given to your mother for your marriage which is false and baseless allegation and moreover when the money was given to your mother then how come your brother in law is responsible for repaying the same. This is criminal offence U/s. IPC 504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.

Remember both are Non-cognizable so police/court may or may not take the cognizance & it depends upon the situation & moreover the proof or evidences you provide. An un-tampered electronic recording on recording device is a valid evidence which easy to capture as many of us have mobile phones that can record. Without a proper evidence it is really difficult to prove.

Are you a women in INDIA? You have additional Women Card to play

IPC 509 Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

IPC 354 Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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