Who is accused if he provoked and I slapped
11-Apr-2023 (In Criminal Law)
If someone provoked me abused me and my father and I slapped him so u/s IPC 504 complaint can be registered but u/s 323 hurting can he file complaint against me and got me jail nIf he have cctv footage of slapping and I also have provoking cctv footage so who will get convicted if both files case against each other
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The offense and facts are not such where arrest arises. it usually happens when custodial interrogation is warranted or the offense is punishable above 7 years as per arnesh kumar judgment. As per the case, FIR will be filed, once provocation is proved as a defense, offense cant be held to be made out. Slapping can be an affray and assault but not 323. Criminal intimidation is not a cognizable offense but a non- cognizable offense. Hence, no such difficulty or tension can be foreseen in such case. make sure to defend the case by the best efforts. Cctv footage may act as helpful in your case also.
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