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What is the procedure for prosecution u/s 504 & 506 of IPC
14-Feb-2023 (In Criminal Law)
Dear Sir, I understand that in the state of Maharashtra Police register offences under section 504 & 506 as Non cognizable offences i.e. the police on their own can't investigate the matter without the permission of the magistrate. Pl. let me know 1) the legal process / procedure that the complainant will have to follow so that the accused person is punished in a reasonable time i.e. within six months and 2) is it really worth putting in so much efforts because even threat to life by causing serious injury given by the accused is not taken very seriously by the police at the time of registering the non cognizable complaint / offence. Thanks and regards
504 is Insult intended to provoke breach of peace and 506 is criminal intimidation both of which are bailable. After registration of the crime the accused can seek bail from the court. Thereafter the Police will investigate and file the chargesheet in a reasonable period of time. After filing of chargesheet the trial is conducted by the Magistrate court and the Judgement is passed. The entire process won't be completed in 6 months as asked by you. Regarding threat of your personal security you can always approach the same magistrate before whom the case is going on to complain about the threat received by you and action will be taken.
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Adv. Vaibhav Chaudhari
Mumbai | 25+ Answers
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What is IPC 504 and 506?
Both 504 and 506 are bailable crimes. The accused may seek bail after registering the crime. The Police will then investigate the crime and prepare the charge sheet within a reasonable time.
What is the IPC 506?
What is IPC 506?
What is IPC 509 506?
IPC Section 506: Most Read
If, for example, someone enters a woman's home and attempts to grab her, persuades or convinces her to have a sexual relationship with them, or to do any sexual favors, by taking off her clothes, they are said to be in violation of Indian Penal Code section 509.
What is IPC 506 and 507?
Section 507 is a corollary of Section 506 that provides for criminal intimidation via anonymous communication or criminal inducement. Many people lack the courage to directly intimidate someone, so they resort criminal intimidation using an anonymous letter.
To prosecute the Accused for the offense u/s. and 504 and 506, after registration of the NC we have to approach the Magistrate for the appropriate order. The effort are worth or not would completely depend on the facts of the case which needs to be studied.
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Adv. Raghavendra Mehrotra
Mumbai | 25+ Answers
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dear client, as section 504 and 506 are non-cognizable in Maharashtra ,but grievous harm is definitely cognizable offence, as per crpc, as well as the section 166 of IPC, also insist police officers take proper action and investigation,you can meat the commissioner of police in that area , and acknowledge the real facts which can easily solve your issue.
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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Section 504 and 506 of the Indian Penal Code (IPC) pertain to offenses related to criminal intimidation and intentional insult with intent to provoke breach of the peace, respectively. Here is an overview of the procedure for prosecuting offenses under these sections:
- Filing a Complaint: The process typically begins with the filing of a complaint by the aggrieved party or the victim at the local police station. In the complaint, the victim should provide details of the incident, including the nature of the offense, the individuals involved, and any evidence available.
- Registration of FIR: Upon receiving the complaint, the police will register a First Information Report (FIR) under the relevant sections, i.e., IPC Section 504 and/or 506, as applicable. The FIR records the details of the alleged offense.
- Investigation: The police will conduct an investigation into the matter. This may involve collecting evidence, interviewing witnesses, and gathering information to establish the case against the accused.
- Chargesheet: If, after investigation, the police believe there is sufficient evidence to proceed with the case, they will prepare a chargesheet. The chargesheet outlines the details of the offense and the evidence against the accused.
- Court Proceedings: The case is then presented before the court. The court will decide whether to accept the chargesheet and proceed with the trial.
- Trial: During the trial, both the prosecution and the defense present their arguments and evidence. Witnesses may be called to testify, and documents may be submitted as evidence.
- Verdict: After considering all the evidence and arguments, the court will deliver a verdict. If the accused is found guilty, they may be sentenced according to the provisions of IPC Section 504 and/or 506.
- Appeals: If either party is dissatisfied with the court's decision, they may appeal to a higher court.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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