About which ipc section my case falls
Manju
(Querist) 31 October 2013
This query is : Resolved
Respected sir I am a School Headmistress.I makes a complaint of my school clerk of demanding bribe with the written complaint of three teachers of school. The department issued a chargsheet against the accused clerk . when department issued chargsheet against clerk then in the revenge the accused clerk send a complaint against me for blaming me to using school three teacher for false demand of bribe to Deputy Commissioner, Education Department and to senior Superitendent of Police.All the three officer closed the complaint of clerk by giving remarks in their inquiry report that clerk done this act in the revenge of charsheeted by the complaint of School Head therefor complaint of clerk is false and disposed off.But act of clerk is in the revenge of my complaint ang i was inquired by so many times by police as well as by SDM and by higher authoirties of education department. Being a lady I got haraashment and loose my social reputation. So sir now someone suggest me to put istagaasa means criminal complaint in the court for his ill behaviour. So please tell me and help me that in which section of IPC i put istagaasa against his ill behaviour of above said clerk because i belong to a small city and only few advocates are expert in such type of case so i want to need your valuable help.
Advocate M.Bhadra
(Expert) 31 October 2013
If your school is a Govt sponsored school and you have specific evidence then you can lodge an FIR to the Police or file a case u/sec.156(3) in the Magistrate Court charge with the following sections.
Prevention of Corruption Act,
SEC 7. Public servant taking gratification other than legal remuneration in respect of an official act
Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favor or disfavor to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.
Indian Penal Code
SEC 161. Public servant taking gratification other than legal remuneration in respect of an official act.- Whoever, being or expecting to be a public servant accepts or obtains, or agrees to accept, or attempts to obtain from any person for himself or for any other person any gratification, whatever, other than legal remuneration as a motive or reward for doing or for bearing to do any official act or for showing or for bearing to show, in the exercise of his official functions favour or disfavour to any person with the Central or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government Company referred to in section 21, or with any public servant as such, shall be punished with imprisonment of either description for a term which may extent to three years, or with fine, or with both.
Manju
(Querist) 31 October 2013
But sir someone told me that he demands bribe from my three school teachers and I put complaint on the behalf of teachers to the department and then department chargesheet him but in court case I want to put istagssa only for his ill behaviour and put my FALSE complaint in revenge and one thing is noted that teachers are not ready for court istagassa
Manju
(Querist) 01 November 2013
Sir plz tell me
prabhakar singh
(Expert) 01 November 2013
Lodging of a false FIR/complaint is punishable under IPC. Such an informant/ complainant can be proceeded against under section 182 IPC or under section 211 of IPC by the police itself. Private person against whom false FIR/complaint has been lodged can also file complaint (ISTEGHASA)in the court for the offence of defamation committed under section 499 of IPC.
Manju
(Querist) 01 November 2013
Sir can i lodge a complaint under section 182/211/500 /501/506 IPC for false complaint against me and for defamation and being a lady a face the harrashment whether i got any result or not
Devajyoti Barman
(Expert) 01 November 2013
When you do know the sections then why are you asking for provisions of law?
Do not play smart while posting query.
ajay sethi
(Expert) 01 November 2013
your teachers are not ready to give any evidence in court . cops have closed the false complaint filed by clerk on grounds that it was an act of revenge . forget the issue and move on in life . you will end up spending time and money in running around courts for years
Rajendra K Goyal
(Expert) 01 November 2013
Agree, better forget and enjoy happy life which is better than spending money and time in litigation.
