False case of Criminal Intimidation.
Sachin
(Querist) 26 March 2008
This query is : Resolved
What should be done if some one files a false case of criminal intimidation?
Rajesh Kumar
(Expert) 26 March 2008
It is shameful for a lawyer to say that even if your rights are being violated- you are victim of abuse of law- you cannot do anything. Indian Penal System encourages such practice and no person who files such false cases are punished at any point of time. Although provisions exist in the law book to punish such offences, they are worded on such a manner that they cannot be implemented.
I am ashamed to say this, but i do say that nothing can be done effectively in the present legal set up in india.
octavious
(Expert) 27 March 2008
HELLO,
IF THE INNOCENCE OF THE ACCUSED, AND MALICE IN THE COMPLAIN CAN BE PROVED, THEN THE ACCUSED CAN FILE A COUNTER CASE UNDER EXTORTION OF IPC,SEC 388.
USING THE SEC 388 IPC, YOU CAN ARGUE THAT CASE OF CRIMINAL INTIMATION WAS FILED AGAINST YOU WITH THE PURPOSE OF, FORCEFULLY ACQUIRING MONEY OR ANY OTHER ILLEGAL FAVOR.
THE PUNISHMENT FOR EXTORTION IS MUCH MORE SEVERE THAN, THAT FOR CRIMINAL INTIMIDATION
THANK YOU
OCTAVIOUS
Rajesh Kumar
(Expert) 27 March 2008
It appears that in our legal system, malaise of malacious prosecution can be countered by starting other malacious prosecution.
octavious
(Expert) 27 March 2008
HELLO,
I AM VERY GLAD THAT RAJESH HAS TIME AND INTEREST IN MY OPINION AND ALSO AGREE WITH ME.
AS EARLIER I HAVE REPLIED TO YOU, I WOULD AGAIN LIKE TO REMIND RAJESH THAT, AS A LAWYER, MY FIRST PRIORITY IS TO HELP MY CLIENT & TO PROTECT MY CLIENT UNDER APPLICABLE LAWS OF LAND AND I DON'T THINK THAT IS ILLEGAL OR UNETHICAL
IN THE ABOVE CASE, MY PRIORITY WOULD BE TO PROTECT & PREVENT MY CLIENT BEING SUBJECTED TO, FROM FURTHER OCCURRENCE OF MISUSE OF LAW, AND NOT WIN A CASE BY A COUNTER COMPLAIN
STRATEGY IS SOME THING THAT MAKES A LAWYER SPECIAL AND STAND OUT OF THE CROWD,TO UNDERSTAND STRATEGY ONE NEEDS TO UNDERSTAND THE ART OF LISTENING,
THANK YOU
OCTAVIOUS
