Case u/s 354 b against a relative
Priya Kumar
(Querist) 21 July 2015
This query is : Resolved
Dear Experts,
About a month ago one of my close relative tried to abuse me sexually. I complained to the Police and after sixteen days my FIR was registered (u/s 354 B & 323 IPC) when I contacted the higher Police Officials. There were two more people present in the house that time, his Wife and his mother, although they were not present in the room at the time of the incident.
I have given also given statement against him in front of Metropolitan Magistrate a few days back.
I would really appreciate if you can answer a few of my queries as below...
1. I have read on the internet that section 354 B is non-bailable. But as there were no witnesses will the accused be arrested ?
2. I have been told by the police officer who is in charge of the case that it takes a lot of time in these type of cases. Can you give me a rough idea how much time it takes?
3. When he appears before the magistrate will he be taken in custody?
4. How can I prove him guilty as there are no witnesses?
Looking forward for your valuable reply.
Best regards,
Dr J C Vashista
(Expert) 21 July 2015
1. Yes you are right, the accused will not be arrested.
2. Indefinite time to complete the procedure and proceeding, i.e., nothing can be predicted for how much time it may take, however, approximate time is 2-3 years.
3. No
4. On the basis of the circumstances you are required to prove the allegations leveled by you, which none of us can tell.
It would be advisable to engage a local lawyer for proper guidance and proceeding.
Rajendra K Goyal
(Expert) 21 July 2015
Agree with the expert Dr J C Vashista ji.
T. Kalaiselvan, Advocate
(Expert) 23 July 2015
Yes, I too go with the proper opinions given by expert Dr. Vashista on the subject issue.
Biswanath Roy
(Expert) 24 July 2015
Your allegation might have been registered under sec.354 IPC because in Indian Penal Code there is no provision as sec.354 -B.
Sec.354 IPC is applicable n the case of assault or criminal force to woman with intent to outrage her modesty.
To bring home an offence u/s. 354 IPC YOU SHALL HAVE TO PROVE (a) The victim concerned belonged to fair sex be her age whatever may, (b) the accused subjected her to assault as defined in sec.351,IPC, or to criminal force as defined in sec. 350 IPC; (C)the accused while committing assault or using criminal force intended to outrage the modesty of the woman
In absence of any eye witness the offence can be proved by an EXpert who has profound knowledge in Indian Evidence Act and studied significant case laws related to but such experts are costly.
SAINATH DEVALLA
(Expert) 25 July 2015
rightly adviced by the above Lr.Experts
