Legal Question in Criminal Law in India
Criminal - IPC 324,342,504&506
Myself & my mother were booked under 498A in Aug'2008.My wife gave the complaint.We were jailed and got released on bail.After that my wife & her parents have forcibly occupied our house,man-handled us.They have repeatedly beaten us,almost everyday. They used to lock us up in our own house,sieze our mobiles and beat us up in the night time.We went to police but they have ignored us as my wife's side have bribed the CI. On 23rd Aug my father-in-law black-mailed my mother to kill me if she doesn't give money to him and he forcibly took her to our native place to with draw money from my mother's account. I was captivated in my house by my wife and her relatives.I got escaped & lodged complaint under sections 324,342,504&506 R/W 34 against my wife & in-laws after escalating it to ACP. But they have not taken any statement from us about the domestic violence happened on myself and my mother prior to this incident inspite of we pleading them to do so.My in-laws can be tried for more sections like 452 & DV act. How I can record that violence occured on us prior to this incident? Can I get that done while preparing the charge sheet or do I have to go for a private complaint. For registering a private complaint is there any time limit?
6 Answers from Attorneys
Re: Criminal - IPC 324,342,504&506
While filing charge sheet, the police will file your statements. thereafter in trial court will record your evidence. In both the times you have to state your earlier voilance and present oilance. Basing on your statements court will frame the charges and give findings. for each offence there will be limitation. Here limitation period may not be there, if the voilance alleged to have been done to you within one year. But for the proir voilance, they may not book seperate case. It will be clubbed and merged in the present case as they were sequence for continous offence.
Re: Criminal - IPC 324,342,504&506
While filing charge sheet, the police will file your statements. thereafter in trial court will record your evidence. In both the times you have to state your earlier voilance and present oilance. Basing on your statements court will frame the charges and give findings. for each offence there will be limitation. Here limitation period may not be there, if the voilance alleged to have been done to you within one year. But for the proir voilance, they may not book seperate case. It will be clubbed and merged in the present case as they were sequence for continous offence.
Re: Criminal - IPC 324,342,504&506
You may engage a local counsel to file a private complaint in the court of Magistrate of your area.
Re: Criminal - IPC 324,342,504&506
Offences you have stated are well within limitation. You can approach the court.
Re: Criminal - IPC 324,342,504&506
Offences you have stated are well within limitation. You can approach the court.
Re: Criminal - IPC 324,342,504&506
Contact a local lawyer and act immediately.
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