Section 353,section 337,section 196 and 1st yr eng student
sameer
(Querist) 04 June 2018
This query is : Resolved
Hello All, I need some urgent guidance on how to tackle against section 353,section 337,section 196 by a police office against a 1st year engineering student. The issue was that one day while the student was going on his bike to the college, he seem to have seen the police patrol car and since the student did not had his bike papers with him he tried to escape but some how got caught by the police, the constable who was on the spot he made all those sections against the student. There was an FIR but there was no arrest ,after 6 months the FIR the student receives a letter from the court to appear in the court for the trial, this has been going on for almost 2 years without much movement, is there any way to get out of these charges as they seem to be very unreasonable charges applied against the student .
kind regards, Sam
KISHAN DUTT KALASKAR
(Expert) 04 June 2018
Dear friend,
You may immediately approach the High Court and challenge the charge sheet, definitely it will quashed otherwise you have to face some consequences in your future career. Also try on the ground of limitation. The law is as follows.
Section 353 in The Indian Penal Code
353. Assault or criminal force to deter public servant from discharge of his duty.—Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public serv¬ant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
196. Using evidence known to be false.—Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
Section 468 in The Code Of Criminal Procedure, 1973
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) six months, if the offence is punishable with fine only
1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.
Ms.Usha Kapoor
(Expert) 05 June 2018
I Agree with Kishan Dutt.'s expert's opinion.
P. Venu
(Expert) 05 June 2018
Now that the Court has issued the summons, you need to attend the Court and meet the issues on on their merits.
