Police framing a false case
suneetha Jain
(Querist) 06 July 2022
This query is : Resolved
As we know that Section 198(1) in The Code Of Criminal Procedure, 1973 comes into force with respect to any offences related to marriage, in one of the cases, FIR/Case is booked against a boy after receiving complaint from the father of the girl but not the girl. So, can we consider that the police were bribed to book a case against innocent boy and the case has no locus standi??
The summary of the case is as follows: A boy was engaged to a rich man's daughter. But, one day before marriage, the boy approached the rich man and said that he is not going to marry his daughter citing that he is already in love with another woman. The rich man became furious, filed a complaint in the police station(but not the girl whom the boy is supposed to marry) citing all false allegations like he came to know that boy is already married, the boy has cheated them by taking dowry before marriage etc. A case is booked (u/s 3&4 of DP act r/w 417 and 420 r/w 34 IPC) The boy and his family were arrested and released on bail after few days. The case is still running in the court.
My query is when the police framed the case illegally, can the boy request the court for taking action against the police who filed an illegal case?? Please advise
K Rajasekharan
(Expert) 06 July 2022
The ban on taking cognizance under Section 198 (1) is for offences coming under Chapter 20 of the IPC, relating to marriage but not for other offences under Dowry Prohibition Act or on cheating. Hence there is no ban on the police to take any case in this context when somebody comes before them with a petition.
Section 3 of the prohibition act is for giving and taking dowry and hence the police is bound to take case against the person who paid the dowry also.
Demanding dowry comes under Section 3, the punishment of which is six months normally.
Cheating case under IPC 420 etc cannot be imposed for non-performance of marriage after betrothal but the person has to pay the compensation if the girl’s party has invested money for marriage arrangement. No criminal offence is involved in it. Betrothal is an unwritten civil agreement in regard to marriage.
Dr J C Vashista
(Expert) 08 July 2022
Denial of marrying a girl is "NO" offence to invoke section 417/420/34 IPC and/or 3/4 of Dowry Prohibition Act.
You should have faith in your lawyer who is defending your case.
suneetha Jain
(Querist) 08 July 2022
Thank you Rajasekharan and Vasishta Sir. An additional information to the above case is The Boy is married to the woman secretly without intimation to his family. As a result, His family have fixed the marriage with the girl (Rich man's daughter) So, before two days of marriage, the boy told his family as well as the Rich Man that he is not going to marry the girl. Because of this, the above cases were booked against the boy. I would like to know whether the cases booked against the boy are correct or wrong?? Did Police booked the cases correctly?? Can police book cases without any authentic proofs (like dowry giving as complained by the rich man in this case)?? What against can be taken against the erring police who overacted in this case??
Dr J C Vashista
(Expert) 10 July 2022
@ Suneetha Jain,
The facts posted are not very clear where you have stated that the boy got married to another girl and disclosed it to his parents just 2 days before finalisation of another proposal to marry the girl of rich family, is it correct ?
If so, what is the offence committed by the boy ? No case is made out to book the boy.
However, if the boy is booked, what is the allegation and provision of IPC has been slapped in the complaint / FIR ?
suneetha Jain
(Querist) 11 July 2022
Dr Vasishta! I think I could not explain the case clearly to you. I will once again try to explain the case up to my caliber.
As we know that Section 198(1) in The Code Of Criminal Procedure, 1973 comes into force with respect to any offences related to marriage.
In one of the cases related to marriage, FIR/Case is booked against a boy after receiving complaint from the father of the girl but not from the girl. The summary of the case is as follows:
A boy was engaged to a rich man's daughter. But, one day before marriage, the boy approached the rich man and said that he is not going to marry his daughter citing that he is already in love with another woman and said he is married. (The Boy is married to that another woman secretly without intimation to his family. Unaware of this, His family have fixed the marriage with the girl (Rich man's daughter) & the boy also attended the engagement ceremony. But, before two days of marriage, the boy told his family as well as the Rich Man that he is not going to marry the girl citing the reason that he is already married. The rich man became furious, filed a complaint in the police station(but not the girl whom the boy is supposed to marry) citing all false allegations like he came to know that boy is already married through one of his own relatives (but did not say the actual reason that boy himself informed), the boy has cheated them by taking dowry before marriage etc. A case is booked against the boy and his family members(u/s 3&4 of DP act r/w 417 and 420 r/w 34 IPC). The boy and his family were arrested and released on bail after few days.
My queries are:
1. When the police framed the case illegally, can the boy request the court for taking action against the police who filed an illegal case??
2. Can we consider that the police were bribed to book a case against innocent boy and the case has no locus standi??
3. I would like to know whether the cases booked against the boy are correct or wrong??Did Police booked the cases correctly??
4. Can police book cases without any authentic proofs (like dowry giving as complained by the rich man in this case)??
P. Venu
(Expert) 12 July 2022
Please post facts avoiding your subjective opinions.
Dr J C Vashista
(Expert) 13 July 2022
You are right qua provisions of Section 198 of the Cr PC which reads:
Section 198(1) in The Code Of Criminal Procedure, 1973
(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860 ) except upon a complaint made by some person aggrieved by the offence.
Provided that-
(a) Where such person is under the age of eighteen years or is an idiot or a lunatic, or is from sickness or infirmity unable to.make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub- section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under 1 section 494 or section 495] of the Indian Penal Code (45 of 1860 ) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father' s or mother' s brother or sister 2 , or, with the leave of the Court, by any other person related to her by blood, marriage or adoption].
Answer to your questions are:
Q 1. When the police framed the case illegally, can the boy request the court for taking action against the police who filed an illegal case??
A. Yes, the boy has a right to move to High Court to get the FIR quashed and seek compensation for malicious prosecution (if any);
Q 2. Can we consider that the police were bribed to book a case against innocent boy and the case has no locus standi??
A. Since the case is subjudiced it is already under consideration with concerned Court, you must submit your case forcefully on its merit as well legal preposition on the subject.
Q 3. I would like to know whether the cases booked against the boy are correct or wrong??Did Police booked the cases correctly??
A. You may judge its correctness or otherwise.
Q 4. Can police book cases without any authentic proofs (like dowry giving as complained by the rich man in this case)??
A. It has to be cognizable offence to book a wrong-doer.
