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LoneFighter (IT)     08 September 2014

Does this act come under any section of cr pc

Dear Experts, 

A1 is not in India. Complainant kept coming to A1's parents and threatening them of dire consequences if they don't let her married to A1. They met parents only once at home and once at government office since mother is a government employee. A2 and A3 did not reveal that A1 is not in India. 

Complainant in the complaint mentioned A1 was ready for marriage, but A2, A3 parents of A1 deceivingly stopping her to talk to A1. Facts apart, in FIR only above line was mentioned.

Even one considers the above statement to be true, is there a section which deals with above statement. Police filed A2 and A3 under 420. 

420 deals with only property. I can understand only one thing, they were purposefully added to take revenge or anything else. 

Query is: Is there a way to get them out of this case. We applied for bail and got the bail as well, but not even a single time, none of our advocates nor the judge asked the above query. Why is that so...?

Do they strike off A2 and A3 names before framing the charges, if the above act doesnot come under any section of Cr Pc. 

 

Thanks,



Learning

 1 Replies

Hardeep (Business)     08 September 2014

Deception of any kind comes under S. 415 IPC. :

415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.

So damage to " mind, body or reputation " by dishonest concealment of facts is also cheating.

Punishment for Cheating is defined in S. 420 and that is only for property / valuable security as noted by you.

So, if these are the ONLY facts of the section seems to be wrongly applied, IMHO.

 

 

 

 


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