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Vicky Kumar (Engg)     12 December 2013

Legal queries

Hello Everyone,
 
I have got few queries can experts please provide your inputs.
 
under what section we can charge a person when he steals passport or any education certficates?
 
under what section we can charge a person when he enters into a house without information?
 
under 498a case when police brings all the family members of husband into station and when they are preparing for arrest, if none of them signs on the papers. what will happen, can they still arrest them all?
 
It will be great help for me and other forum members.
 
Regards,
Vicky


Learning

 8 Replies

Kundan Kr. Singh (Advocate)     12 December 2013

go to police station,police will help you.

Vicky Kumar (Engg)     12 December 2013

here i will alloberate bit more - my brother-in-law came one day to my home, in my absence he took all my educational certificates and passport with him. also, my wife left with him with all her belongs. now after 2 months one day police guys came at morning asking to come with them for counselling and all of a sudden when inspector came to PS by looking at us and our family members they started for arrest procedure.

BAALASUBRAMANNYAMM (Advocate)     12 December 2013

I think, simply knowing of IPC sections could not help you, better to give a complaint to the police, exactly what was happened. They will in turn register a case with proper sections according to IPC.

Adv. Chandrasekhar (Advocate)     12 December 2013

under what section we can charge a person when he steals passport or any education certficates?

S.379 IPC

 
under what section we can charge a person when he enters into a house without information?
 
S.453 IPC
 
under 498a case when police brings all the family members of husband into station and when they are preparing for arrest, if none of them signs on the papers. what will happen, can they still arrest them all?
 
Yes.  If the allegations levelled against them are cognizable.

Vicky Kumar (Engg)     12 December 2013

Thank you Chandrasekhar Sir for your reply, I just came across section 452 IPC can it is applicable for my second question here?

Adv. Chandrasekhar (Advocate)     12 December 2013

To bring S. 452, prosecution has to prove the preparation and mes rea for hurt, assault or wrongful restraint.  With an intention of putting the accused to the perils of seven year imprisonment, prosecution may not proceed with tantalising attempt.

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Vicky Kumar (Engg)     12 December 2013

Thank you very much sir, your inputs are very helpful to me.

T. Kalaiselvan, Advocate (Advocate)     12 December 2013

You cannot prosecute the case yourself before lodging a proper complaint with the police about the incidents if the police do not take your complaint or if there action is in effective then you may file a private complaint before a Judicial Magistrate seeking directions to police to investigate the matter and take further necessary legal action on the subject. In 498a case, the police may arrest and remand you people so it is better to avoid going to the Police station without getting an anticipatory bail.

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