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Will a person be punished only because they spoke rudely on phone

My jiju brother inlaw has filed a complaint on my brother as my bro spoke rudely with him on phone .my sister was ill and they didnt come to see her and my jiju as been demanding to sell her gold and money .so in angry my bro has spoke rudely with his brother inlaw and my bro, sis and father also asked for forgive before police but he is like i wil send you to jail and punish you.what is the solution to this problem .please suggest us something my bro didnt do anything wrong but for money they are blackmailing him my father .my bro has to travel to malaysia on 22 april everything is done but wantly my jiju and his family are creating problem .

Answers (2)

As per my knowledge and information,

Ensure that police station will not file case against your brother that is FIR if FIR is filed against your brother then he will be remanded and brought before the court and later you can apply for bail and he will released but the matter of the fact here whether your brother in law has material evidence that your brother spoke to him in filthy language. If he has such recording that material ground has to be proved before the court and it is a offence punishable under 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

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.

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Their is not much problem but they want to make fear and other things is that tell him also to book cross complaint for harassment against your sister and not taking care of health and for want of additional problems. They will come to settle the matter if they are put to pressure.

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