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Rohit (manager)     25 June 2011

Use of IPC 211

One of my associates has been getting repeated flase complaints lodged against him by someone over disputes due to personal enmity. Complaints have been under 323, 504, 506, 328

Such misuse of law to harass people are not corrct. But unfortunately the police just tell him that they cannot help him.

Section 211 of the IPC has been made to book people for putting false complaints. But it seems this is never used. 

How can the harassed victim seek relief. He has closure reports for few of the cases.

 



Learning

 2 Replies

himanshu harbola (Comp. Sec.)     25 June 2011

the sections u have mentioned r mild sections under the IPC......often these offences r use to lodge false complaints and FIRs....just lodging a FIR or complaint to magistrate does not make a person guitly of any offence... Criminal Law is meant to put the right offender behind the bars...and protect the innocent from unncessary harrasment...let the trial begin...u can also compound theses offences except sec. 328 which a non compundable offence....WHEN LAWS ARE MEANT FOR PUNISHING A WRONG DOER..there can be exceptional cases where ppl can also misuse the same....

sumant singh (advocate)     25 June 2011

tit for tat or file a case for maliceous prosecution in cases where closer report submitted by police and accepted by court.

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