giving Fearce 'dhamki'
siddharth
(Querist) 12 July 2009
This query is : Resolved
we had a heated raw at our place..after that my brother has demanded for money from my uncle..which is not feasible. if not provided he is giving us 'dhamki' that he will ruin his or his families life..he has not done anything yet..we dont know in which context he said of ruining his life(materially,attack,conspiracy..etc)..
can my uncle file any case against him?
can we get any legal protection?
A V Vishal
(Expert) 12 July 2009
Your brother can be booked under S.503. of the Indian Penal Code for Criminal intimidation . - Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Further the punishment prescribed under S.506. for criminal intimidation is Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Kiran Kumar
(Expert) 13 July 2009
the word DHAMKI means Criminal Intimidation under Indian Penal Code.
it has been defined under S.503 IPC and the punishment is provided under S. 506 IPC.
so the complaint will be under S.506 IPC only, as S.503 provides the definition only and not the punishment.
as far as facts of ur case are concerned will u be able to prove the intimidation?
do u ve sufficient evidence?
u can file the complaint with the police, though the police may not act in furthurance as the offence is non cognizable or may act to bring compromise between the parties.
but it will be a good precaution for u for future.
whatever i ve suggested are the likely outcomes or the chances, better u approach some local lawyer with complete facts and take the necessary action.
mind it u should ve sufficient evidence to prove it, mere apprehensions do not invite punishments.
