What is the procedure for prosecution u/s 504 & 506 of IPC

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

Answers (3)

121 votes

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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320 votes

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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95 votes

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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