Criminal Law

Our advice on: Criminal Law

My neighbour stares at me and my sister: What should I do?

My neighbours built the house recently. His balcony covers half of the road and standing on the balcony he stares at me and my sister. Most of the time we stay inside home, if we go out to buy vegetables, he comes and keeps on staring. He throws cigarette pieces at my home. Difficult to live in my own house.
How to deal with this issue? Old granny at home and I don’t have anyone to support. Since I’m a girl I should not raise my voice.

Boyfriend is playing victim card and blackmailing me

Boyfriend is playing the victim card and blackmailing me to shut my mouth and stop claiming marriage. My boyfriend promised me he will marry I said no cuz I have no control over my anger bt he said he will manage then he ask for physical just cuz he will marry I said yes bt after physical he...

Embezzlement of paid electricity bills

Complaints regarding embezzlement of paid electricity bills were made by consumers in the division office of the electricity board against lower class employees. Statements of consumers were recorded in the division office. After that an FIR was lodged against the concerned employees. ...

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...

Illegal custody for breach of peace

Section 151 of the Code of Criminal Procedure empowers the police officer to arrest a person on the suspicion of commencement of cognisable offence. If there is no reasonable ground for suspicion but police has arrested a person under section 151, such an arrest is illegal and state government shall compensate the arrested person.

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.