Criminal Law

Our advice on: Criminal Law

Contradiction in dying declaration : chances of conviction

Question: My brother is accused in a murder case. He is innocent but the police have falsely implicated him in this case. The dying declaration of the deceased does not support his role in the murder of Ramnaresh Kushwaha. There is a contradiction in the dying declaration so I want to know what is...

Friend filed criminal case of cheating : What I should do?

Question: I am doing a business of terrace farming. My friend is a partner in my business. He does not help me but comes on each week to take his share in profit. Yesterday he filed a false criminal case of cheating in XXX police station. He has alleged in the FIR that I have invested his money in...

Can I challenge the validity of sanction for prosecution?

Question: I want to challenge the validity of sanction for prosecution. The CBI obtained the sanction for prosecution by force and using undue means. My superior officer was working under pressure of the CBI and granted the sanction prosecution. Now I have retired and my case is still pending in...

Fee for FIR: Do I have to pay any fee for lodging FIR?

Section 154 of the Code of Criminal Procedure 1973 provides a procedure for lodging an FIR. There is no fee or charge for FIR (first information report) of a cognisable offence. The officer incharge of the police station shall record the information about a cognisable offence without any fee. The...

Ex-boyfriend sending obscene messages to my husband

Sending obscene messages or lascivious materials in electronic form is an offence under Section 67 of the Information Technology Act 2008. The recipient of such an indecent messages should lodge an FIR against the person who is sending those messages. Those messages are itself sufficient to prove the culpability.

My girlfriend cheated me and extorted money

Deception and threat or fear of any injury are the principal ingredients of cheating and extortion respectively. If a boyfriend has gifted a laptop, mobile, jewelry or any other article to his girlfriend in love and affection then he cannot say that he has been cheated or extorted by his girlfriend. Breakup of friendship does not render the girlfriend liable for the offence of cheating or extortion.

Police officer refused to lodge FIR and told to file a complaint

Officer in charge of the police station cannot force the informant to file a complaint instead of a first information report (FIR). Section 154 of the Code of Criminal Procedure does not give such a power to the police officer. The police have no other option except to lodge FIR if the information discloses cognisable offence.

Can a person who is convicted for 7 years in jail be a witness to any crime?

Convicted person would be a competent witness under Section 118 of the Indian Evidence Act. If a convicted person has the ability to understand the question put to him and to give its rational answer then he is a competent witness. His conviction does not bar him from becoming a witness of fact in a criminal trial if he has the personal knowledge of the relevant fact.

Can High Court dismiss my complaint

The High Court can not quash a complaint if the information discloses commission of an offence. The order of protection in favour of the accused to protect him against unnecessary police harassment is an interim order and it does not mean that the High Court will dismiss your complaint.

How to file FIR in criminal breach of trust

You should approach the nearest police station to lodge an FIR for the offence of criminal breach of trust. If the offence has been committed in his territorial jurisdiction then the police will commence investigation otherwise he shall lodge a zero FIR and send it to the competent police station.

Criminal case for kissing a girl

Father of a girl has filed a criminal case against me for kissing her. Now the complainant wants to compromise with an apology. Ninety days have completed but the investing officer did file a charge sheet. How much time does the investigating officer take to close this case. Sir, whether the court...