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Can a person be charged under s 406 ipc for not returning stridhan
13-Feb-2023 (In Criminal Law)
Dear Sir, Due to tortures, my daughter was compelled to leave her matrimonial home. she lodged a police complaint annexing therewith a list of her stridhan . before lodging the complaint, she asked for return of her stridhan over phone. After long 8 months , the police searched and seized the stridhan articles from her matrimonial home /bank locker . The original bills of the stridhan gold items were also seized from her by police. What are the chances of conviction of her husband u/s 406 .
Section 406. Punishment for criminal breach of trust
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine, or both—
Cognizable
Non-bailable
Triable by Magistrate of the first class
Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine, or both—
Cognizable
Non-bailable
Triable by Magistrate of the first class
Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
Adv. Aveek Bose
Kolkata | 500+ Answers
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HELLO.
do you know whether the police seized all the Stridhan articles of your daughter from the custody of her husband/ in-laws? If YES then my suggestion would be to go to the court and pray for returning the seized articles as per the seizure list..When the police seized the Stridhan Articles of a woman from the custody of her husband / in-laws then generally he/they can not be charged under section 406 IPC and most of the time the IO submits the charge sheet without the charge of 406 IPC in cases of 498A/406 IPC.
FOR FURTHER DETAILS PLEASE CONTACT ME.
THANK YOU.
do you know whether the police seized all the Stridhan articles of your daughter from the custody of her husband/ in-laws? If YES then my suggestion would be to go to the court and pray for returning the seized articles as per the seizure list..When the police seized the Stridhan Articles of a woman from the custody of her husband / in-laws then generally he/they can not be charged under section 406 IPC and most of the time the IO submits the charge sheet without the charge of 406 IPC in cases of 498A/406 IPC.
FOR FURTHER DETAILS PLEASE CONTACT ME.
THANK YOU.
Adv. Atanu Chatterjee
Kolkata | 25+ Answers
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Hello,
Section 406 IPC is playing a large place in every Criminal matters. The chances to convict an accused in this section is very high. This should be a trailable case. Firstly, the police should give a notice to the accused and after that an anticipatory bail should be taken from the appropriate Court. If the case will be proved then the punishment should be 7 years imprisonment.
Thank you
Section 406 IPC is playing a large place in every Criminal matters. The chances to convict an accused in this section is very high. This should be a trailable case. Firstly, the police should give a notice to the accused and after that an anticipatory bail should be taken from the appropriate Court. If the case will be proved then the punishment should be 7 years imprisonment.
Thank you
Adv. Sougata Chatterjee
Kolkata | 100+ Answers
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