Nri charged with false 498-a and 304-b needs advice

Originally posted by : Rajesh
	Thanks both for your kind response. Coroner's report from the UK seems to be crucial and I am also closely following up to get that at the earliest. My in-laws are trying to approach for a compromise but unfortunately with a high demand which I am not ready to pay for no mistake of mine. Hoping, Justice, and truth win. Thanks again !!

You seem to be lucky. You feel that you are not at mistake but fail to realise that (i) you maried (ii) she died) (iii) she died within 7 years (iv) died unnatural (v) her parents allege dowry demand. So in that case the presumption will operate that you and your family caused the dowry death and and it is yuou  who have to prove that you are innosent. Punishment startsw from minimum of 7 years. SO you need not be too pround of being innosence.

Buy peace

Originally posted by : Vijay Raj Mahajan
	@ P. Venu Please refer to section 4 of the Indian Penal Code: Extension of Code to extra-territorial offences- The provisions of the Code apply also to any offence committed by- (1) any citizen of India in any place without and beyond India; Explaination- In this section- (a) the word "offence" include every act committed outside India which, if committed in India, would be punishable under this Code; This will clarify your doubts regarding this:- " I am at a loss to understand, with my limited knowledge, as to how there could be crime registere and investigated in India when the suicide happened in the UK."

Mr Mahajna got ahead of me befor eI could give this reply.  Fuly agreed.

Originally posted by : P. Venu
	@ Vijay Raj Mahajan Thanks for the information. However, it is seen that the provisions of Section 4 needs to  be read with the proviso to Section 188 of the CrPC: 188. When an offence is committed outside India- (a) By a citizen of India, whether on the high seas or elsewhere; or (b) By a person, not being such citizen, on any ship or aircraft registered in India. He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found: Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. As such, it is the moot question whether, in the instant case, sanction of the Central Government has been obtained.

S/188 (b) is applicable to a foreigner committing offnce on Indian vessals.

However S/188(a) does not contradict S/4 of IPC.  Both fasten criminal liability on Indian National for acts done in any part of teh world.

@Sudhir Sir - Thanks for your valuable suggestion. As you rightly mentioned I might have to Buy Peace :(.

Both the charges are cognisable and non-compoundable. As such, any compromise or agreement may not be productive. The only viable option for an innocent party, in my considered view, is to cooperate with the investigation. The provisions of u/S 188 would be an added advantage.

i completely disrepect sudhir " buy peace"

this shows there is NO justice in indian legal system. indian judge, lawyer and police are bikao.

these 498a cases just to extort money illegally from husband and convert it to legally.

what are the chances after he buy peace, they wont beg again ?

if husband was at any fault, UK court will put him behind bars.... but indian wants money..

NO JUSTICE IN INDIAN LEGAL SYSTEM.  BUYING PEACE WILL NOT HELP IN FUTURE ..............

How could UK Police take any action against him while in their legal system there is no provision regarding presumption of dowry death.

It is Indian police which has a duty to ensure that he is charged in 304B.

He is a lucky man that depite being accued in 304B the other side is ready for a compromise.   He must avail the opportuinity.

"other side ready to compromise " ?

its not compromise, its greed which they married their daughter for money..

compromise is IF which husband done anything wrong.

indian legal system 498a just to extort money. incident happened in UK and they Police done their parts. why does india wants to get involved when incident did not took place in india !!!!

impounding passports / red corner notice / and other tricks is made just to EXTORT money from NRI. 

does any other countries play these FRUAD ?

NO JUSTICE IN INDIA !!!!!