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Rahul   11 January 2017

IPC 354

A girl has lodged a FIR u/s 354,354D,506 against my friend. Actually after she broke up friendship(No relationship) with him,he had started pestering her by frequently calling,sending WhatsApp messages & by asking her friends to compromise. Now he did this for nearly 4 months & he threatened of hurt,when girls father along with her lodged FIR on 9/01/2017..... Actually we are still students & he is not a local guy,I mean stays at a hostel.... Now i know a bit of law,but right now, Even I've some confusion. I guess all the offences are bailable & in event of arrest,436 CrPc bail will be applicable.... But IPC 354 is what i don't get. I can see its non-bailable since Amendment act 2013,but when i had asked my LL.B Student friend,after he consulted with his professor,he told: There has not a Gazette Notification still about 354,being a non-bailable,so my friend will be safe? So any experts,please help us. We're students


Learning

 13 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     12 January 2017

It is Bailable, however due to cognisable Police can arrest and later will be released on bail.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     12 January 2017

For 354D, it is stalking that shall be punished on first conviction with imprisonment of either descripttion for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either descripttion for a term which may extend to five years, and shall also be liable to fine.

 

So check wheather it is first time or he was convicted before.

Rahul   12 January 2017

No Conviction. I mean,never even went to a police station before. Yes even i had told him to stop this thing,but in vain. Now after he's arrested,if police ask for surety,what does it means? Can i be surety? I've local address,but only a FD of 25000 in my name?? So what are the requirements We've to follow now?

Sudhir Kumar, Advocate (Advocate)     14 January 2017

why your friend cannot fall on the feet of girl and beg for mercy.

 

which in any case he will be doing later one

Sudhir Kumar, Advocate (Advocate)     14 January 2017

you told you are still a student.

 

You want to be surety?

You want to be surety for someone with whom you are just hosteller who you never saw beifore being in hostel  and whom you will never see after completion of course or anyone drops out?

 

well

थाना कचहरी जाने  का चस्का नया लगता है

 

Do you know the liability of surety.  You will have to ensure his presence in court on each date from whereever on earth he is there after leaving hostel.  He can even pretent that he cannot afford going and staying in hotel in the town for hearing.   He may say that his employer gives no leave and he faces loss of pay.

 

Is your dad rich anough to afford your hobby.

 

Further his parents will give a standard replies

"यह तो बहुत ही सीधा बच्चा है"
" होस्टल में आप लोगों ने बिगाड़ा है"
"हमारा  तो संस्कारी परिवार है" 

"मजा लेने में तो आप सब साथ थे फंसा दिया हमारे बच्चे को"
"आप हमारे यहां फोन मत किया करो"
"हमारी तो मोहल्ले में बहुत इज्जत है"

"खुद आपने खुद को बचाने के लिए इसका केस ख़राब किया है, "

"हमें पहले क्यों नहीं बताया इसकी तो बुआ के देवर का साला DIG का ड्राइवर है, हमारी तो मौसी   के जेठ भूतपूर्व MLA   हैं,  हम तो केस  दर्ज ही होने न देते"

and so many other words to blame you.

Are you ready to bear that insult.

 

You can flassh back that 4-5 year back there was most heineous gang rape in Delhi and you cna remember what the parents of the accusede (all paupers) were saying.   Mother of one of the accused was even commenting that the allegation has rbought disrepute to her own daughter and was anguished over media coverage.  She even said that her son is convicted being poor.

 

Sudhir Kumar, Advocate (Advocate)     14 January 2017

why his dad/brother/mother/sister / uncle/ cousine/ jija etc cannot be surety?

If they are not willing then why at aon earth anyone else including you should be a surety.

Rahul   14 January 2017

So many questions asked by MR Kumar? I'll answer the last one first. He's from Rajasthan & doesn't have any local connections in the place of FIR,not even in whole of MH. He's my partner in my stock broking firm that we run. So it's my obligation to help my friend in need.

Rahul   14 January 2017

I can understand you're frustration Kumar Ji,but he's presumed innocent till guilty. & he's not going to beg for mercy. I know he made some mistakes,but still it happens,he's only 22.

Rahul   14 January 2017

& don't assume I'm utilising my fathers assets here. Haha.

Sudhir Kumar, Advocate (Advocate)     14 January 2017

Then go ahead

Sudhir Kumar, Advocate (Advocate)     14 January 2017

Then go ahead

Pawan S (Advocate)     14 January 2017

Originally posted by : Rahul
I can understand you're frustration Kumar Ji,but he's presumed innocent till guilty.


& he's not going to beg for mercy.
I know he made some mistakes,but still it happens,he's only 22.

Querist,

I concur entirely with Mr Sudhir Sir.

As you said, your friend has made the mistakes. And he is still carrying the same. It’s strange to see, you are still saying “it happens". This can go on to your sis as well. Anyways, these are the Ethics and morals related things.

Coming to the legality,

  1. Ask your friend to stop this nonsense immediately and inquire for the mercy from the girl.
  2. Then Proceed with the application for Plea Bargaining u/s 265B CRPC.

Sudhir Kumar, Advocate (Advocate)     14 January 2017

 

 

“He's from Rajasthan & doesn't have any local connections in the place of FIR,not even in whole of MH.”

 

HIS PARENTS WILL COME RUNNING

 

 

 

YOU SAID

 

“He's my partner in my stock broking firm that we run.“

 

 

WHY NOT REVEALED EARLIER.

 

Your LLB student friend  consulting his teacher (without papers) and his teacher reply all this will not suffice.  He has to hire a lawyer.

 

 

“he's not going to beg for mercy”

 

HIS PARENTS  WILL DO SO.

 

 


“made some mistakes,but still it happens”

 

FACTS GIVEN BY YOU INDICATES THAT HE IS ALLEGED FOR A SERIOUS CRIME. PROBABLY ONE OF THOSE REGARDING WHICH GOVT WAS FED UP AND GOT ENACTED NEW PROVISIONS IN IPC.

 

“he's presumed innocent till guilty.”

 

ATLEAST ON PAPERS IT IS SO BUT ONLY IN COURT AND NOT IN SOCIETY. 

SOCIETY TREATS A PERSON GUILTY EVEN IF ACQUITTED.

 

PRACTICALLY IN COURT/THANA/JAIL ONE HE PRESUMED GUILTY THE MOMENT HE ENTERS.
 


 


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