Section 452 & 323
sheetal sachdeva
(Querist) 05 September 2012
This query is : Resolved
a case of section 147/149/452/323 has been regitered against my parents by my in-laws what points i can raise in argument at the time of framing of charge.My husband threatened me on phone to withdraw complain from CAW cell otherwise he will implicate my parents in false and frivilous case. How can i get call detials of my husband mobile
ajay sethi
(Expert) 05 September 2012
we do not know the allegations made by your in laws in the complaint . your lawyer will be in a better possition to help . if your husband is threteneing you on phone lodge police complaint against him . let the cops investigate .
Nadeem Qureshi
(Expert) 06 September 2012
Dear Querist
first of all I want to tell you that without complete information we can not give you the best of our advice.
secondly if your husband call you and given threat to withdraw the Complaint you have right to file a case against him under section 506 of IPC
ndian Penal Code (IPC)
Section 506. Punishment for criminal intimidation
Whoever commits, the offence of criminal intimidation shall be punished with imprisonÂment 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, or to impute, unchastity to a woman, shall be punished with imprisonÂment of either description for a term which may extend to seven years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable-Bailable—Triable by any Magistrate—Compoundable by the person intimidated.
Para II
Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
State Amendment
Uttar Pradesh
Imprisonment of 7 years, or fine or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Vide Notification No. 777/VIII 9-4(2)—87, dated 31st July, 1989, published in U.P. Gazette, Extra., Pt. A, Sec. (kha), dated 2nd August, 1989.
comments
Threat to reputation
Where criminal intimidation was committed by threatening X and his daughter with injury to their reputation by having the indecent photographs published; the intent mentioned was to cause alarm to X and his daughter, hence the appellant was clearly guilty of the criminal intimidation and it was held that the conviction of the appellant under section 506 is correct; Romesh Chandra v. State, AIR 1960 SC 154.
Feel Free To Call
Sudhir Kumar, Advocate
(Expert) 05 September 2012
