In non bailable offence if a person is arrested due to some false complain then what happens?
SUNIL
(Querist) 03 March 2013
This query is : Resolved
in non bailable ofence if a person is arrested due to some false complain then what happens?
what is the rule?
if court takes many years to take its decision then is the accused has to spend times in jail untill the court gives its decision??????
untill the court gives its final decision is the accused has to spend times in jail???
my 2 nd question is---------
is breach of promise to marry without any physical relationship a bailable or non bailable offence?
is there any imprisonment for this offence or only damages is sufficient?
Nadeem Qureshi
(Expert) 03 March 2013
Dear Sunil
1.first of all I will tell you that promise to marry without any physical relationship also comes under Cheating u/s 420 of IPC
2. If it is prove that the complaint was false, the complainant may be prosecuted for malicious prosecution, mentally torture and harassment along with defamation.
3.read section 182 of IPC
Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person
1[182. False information, with intent to cause public servant to use his lawful power to the injury of another person.— Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconÂduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-comÂpoundable.
4. There is a bail procedure in indian law
Feel free to call
SUNIL
(Querist) 03 March 2013
to Nadeem sir,
my question is for non-bailable offence
if court takes many years to take its decision then is the accused has to spend times in jail untill the court gives its decision??????
untill the court gives its final decision is the accused has to spend times in jail???
and 2nd question is ------------ breach of promise to marry(without physical relationship) is bailable or non bailable?
is there any imprisonment for this offence or only damages is sufficient?
Raj Kumar Makkad
(Expert) 03 March 2013
Non-bailable do not ipso facto means that bail shall not be provided t the accused till the decision of the case and he shall be kept behind bars till then rather its means is that for that offence, the bail has to be applied to the court and thereafter court shall have to decide about the application. It is true that unless bail is allowed, such accused is required to remain in jail.
SUNIL
(Querist) 03 March 2013
to RAJ KUMAR MAKKAD,
RESPECTED SIR,
breach of promise to marry(without physical relationship) is bailable or non bailable?
is there any imprisonment for this offence or only damages is sufficient?
Devajyoti Barman
(Expert) 04 March 2013
Id due to delay the man suffers then file Writ in the high court ans ask for compensation from the govt.
prabhakar singh
(Expert) 04 March 2013
A person charged with non bailable offense has right to seek bail during trial.
A breach of promise to marry without physical relation ship is no offence,only suit for compensation may lie.
Raj Kumar Makkad
(Expert) 04 March 2013
If physical relationship had not been established and only promise of the marriage was made then there is no criminal offence and even the scope for compensation do not exist there is no money was incurred after making of such promise.
prabhakar singh
(Expert) 04 March 2013
Normally "promise to marry" is a ceremonial
say "Varaksha"from girl side followed by "godbharayee"from boy side,when many gift exchanges takes place and mini functions are also arranged,yet a step further "Tilk"takes place which is final step in the engagement,and at this occasion hands over "major part of agreed" and a grand function with treat is hosted by boy side.
On all these occasions cash expenditure is involved from either side.
That is why my answer was "suit for compensation may lie".
Raj Kumar Makkad
(Expert) 04 March 2013
We cannot anticipate whether a financial matter was involved without the specific information from the querist so my answer is legal in the given facts of the querist.
