False 107crpc/111 crpc filed against us
Querist :
Anonymous
(Querist) 02 July 2020
This query is : Resolved
My mother has a ongoing domestic violence case against my father inspite of which my father still beats her and harrass es us.On 20th may after a argument she wax severely beaten and when she went to complain the police were taking my father's side only and because of covid we didn't go for medical.Cut to 30th June we recieved a summons saying that me my mom and sis are called in court under above mentioned sections.I don't understand this at all?The fight is between my mother and father he beats her and they argue we only come between them when he starts beating her.What should we do?Police don't help us and say that we don't have any rights.My father has also beaten my sister and we have done medical for that too.But police don't take action and say we don't have rights.
SHIRISH PAWAR, 7738990900
(Expert) 02 July 2020
Hello,
You may require by the magistrate for keeping peace. You have option to file domestic violence case, case u/s. 324 /326 etc. discuss with local advocate. If police is not accepting the complaint file case in court against your father.
Rajendra K Goyal
(Expert) 02 July 2020
Section 107 in The Code Of Criminal Procedure, 1973
107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
Section 111 in The Code Of Criminal Procedure, 1973
111. Order to be made. When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.
According to a consultation paper on the law relating to arrest written in 1999, by the then chairman of law commission Justice B.P. Jeevan Redd, it was found that
“this provision (Section 107) does not empower a police officer to arrest such persons. Yet, the fact remains that a large number of persons are arrested under this provision as well.”
Rajendra K Goyal
(Expert) 02 July 2020
Since complaint has been raised against you, your mother and your sister it would be dealt according to procedure.
You may be asked to submit bond with or without surety.
Your mother / sister can file FIR against your father for domestic violence.
Querist :
Anonymous
(Querist) 02 July 2020
What if we deny to sign the bond?
Dr J C Vashista
(Expert) 03 July 2020
Where is the complaint u/s 12 of the Protection of Women from Domestic Violence Act, 2005 pending tral ? Your mother must have engaged a lawyer (either private or LSA), what is his/her opinion and advise ? If your mother has lost faith in her lawyer change him/her immediately.
However, prima faice your statement is unbelievable and fabricated.
P. Venu
(Expert) 03 July 2020
Which court the mother has been summoned? As already suggested, the mother has the option to move under the DV act or approach the Court under Section 156(3) CrPC.
Rajendra K Goyal
(Expert) 03 July 2020
If submission of required Bond is denied, the person can be sent in jail.
Querist :
Anonymous
(Querist) 03 July 2020
No this is real,my father is using some find of influence as whenever we went to the police station and try to talk to them they pretend to be busy and tell us to wait.
Querist :
Anonymous
(Querist) 03 July 2020
We have a lot of proof and medicals done to show that our father is harassing and beating us.This is not a fabricated story.My father is creating stories and telling that we are trying to harm him when in reality we have never even laid a hand on him he is very strong and is an alcoholic he has smashed our window also recently,he is very violent.He is trying to do this because we are living happily without him.He stays alone on the first floor and we live on the ground floor.
Querist :
Anonymous
(Querist) 03 July 2020
Since last one year the court is only giving us dates as judge is not there so the domestic violence case is just dragging on.
Querist :
Anonymous
(Querist) 03 July 2020
Since last one year the court is only giving us dates as judge is not there so the domestic violence case is just dragging on.Why was this summons only sent to us why my father didn't get something like this he is the one who beats and starts arguments when we are going about our day and why me and my sister s name is given when we weren't even home when these things happened.
Querist :
Anonymous
(Querist) 03 July 2020
He has put our names just because we didn't support him.So should we hire a lawyer or should we give things in writing on our own.
Rajendra K Goyal
(Expert) 03 July 2020
If police is not hearing, discuss with local lawyer and file direct complaint with the Magistrate.
Due to rush / other reasons, court procedure may take time, it does not mean it can result in injustice.
Try to have CCTV in the house, record all his beating and lodge fresh complaint each time.
Dr J C Vashista
(Expert) 04 July 2020
Mr./ Ms. Anonymous,
Where (which station/ location) the case(s) are pending ?
Can you share case file of your mother for appreciation and analyses of facts, which is, otherwise, a fabricated and time pass story.
