Question: My boyfriend raped me in the influence of narcotics drugs. Boyfriend had raped me after I said no to sex. I live in xxxxx, I was visiting my boyfriend and stayed at his flat at that time in xxx. We have been in a relationship of 1 year. We've had a physical relationship where we had consensual sex whenever we met. He had been under the influence of Marijuana (and I don't know what else) when he didn't respect my no and raped me last week. This has happened once before with him (also when he was on the same drugs, some months ago) but he promised that it won't happen again. He is a drug addict and takes it 2-3 times a week, at least for the last 5 years. What charges can I press on him?
Your boyfriend has committed rape which is an offence under Section 376 of the Indian Penal code. For the offence of rape, it does not matter that accused had sexual intercourse under the influence of drugs. Furthermore, it is also immaterial that accused and victim have had consensual relationship in past.
Absence of consent of the victim in alleged sexual intercourse constitutes offence of rape. If that consent victim was taken by the accused either by force or deception, then again it amounts to rape. Your case is strong enough to punish the culprit.
Therefore, you should immediately lodge a first information report against your boyfriend. Medical examination of victim is not mandatory at the time of lodging FIR. The statement of victim is enough to initiate criminal proceedings against the accused.
If you have any message from your boyfriend in which he had confessed his guilt, you should adduce those messages along with the FIR.
Question: Rectify khata number in khatauni. How can we rectify the khata number which has been wrongly mentioned. The land measurement is accurate including the disputed land.
You should submit an application to the Tehsildar for the rectification of the khatauni because the khata number that is reflected in the khatauni is incorrect. Provide some evidence regarding the incorrect khata number and attach it along with the correction application.
The Tehsildar shall conduct an inquiry either personally or through the lekhpal. After that, he may issue an order for the correction of the khata number if he finds that the khata number is incorrect.
Question: Wife intentionally delaying the trial of dowry case: what to do? It is almost nine years now and I am fighting a Dowry case against me. Although my defence is strong, the other party is prolonging this case by making excuses and playing the victim card in from the judge. What remedies I can take to fast track this case?
Your wife is intentionally delaying the trial of the dowry case by presenting herself as the victim. However, she knows that her case is false and frivolous. It seems from your case that the trial court is giving unnecessary adjournments to the prosecution. In this situation, you should approach the High Court either under Section 482 of the Code of Criminal Procedure (CrPC) or file a petition with the High Court under Article 227 of the Constitution of India.
Section 483 of the Code of Criminal Procedure, 1973, imposes a duty on every High Court to exercise continuous superintendence over the Trial Courts to ensure expeditious and proper disposal of case.
Article 227 of the Constitution also confers upon this Court the power of superintendence over all subordinate courts within its jurisdiction. The primary purpose of granting such wide supervisory powers to this Court is to remove obstructions that may impede the path of justice.
Obtaining unnecessary adjournments constitutes an abuse of the process of court. It is the solemn duty of this Court to prevent such abuse, rectify irregularities in the judicial process, and prevent miscarriages of justice.
Hence, you should avail any of the above-mentioned options to ensure the timely resolution of this case. The high court can direct the trial court to decide this case within a specified period, such as six months or any other period that the court deems appropriate.
If you have evidence to prove that the case is false and that the informant (your wife) has made false allegations, you can approach the High Court under Section 482 of the CrPC to request the quashing of the entire proceeding. This would be a preferable option if sufficient evidence has come to light that tends to demonstrate the case's falsehood.
Question: What actions should you take against an attempt to murder? My neighbour has attempted to murder in a land dispute. He along with others came to my house with firearms and started shouting, abusing and hitting my gate. When I came out to stop them from doing such a violence, they broke out and beat me with a club and sharp edge gandasa. I suffered some minor injuries on my arm, back and thigh. One injury on my head is severe. That is life threatening so I want to take proper legal action against them. Please suggest what actions I should take against them for an attempt to murder?
In such a situation you should immediately lodge an FIR against those persons. It is prudent to pursue appropriate legal action against those responsible for the offence of attempt to murder. This particular offence falls under the purview of Section 307 of the Indian Penal Code.
To establish a case of attempted murder, it is imperative to demonstrate that the accused had a clear intention or knowledge of causing fatal harm, resulting in injuries that could potentially lead to death.
You should lodge a first information report (FIR) against those persons under Section 307/323/325/504/506 IPC. For the offence of attempt to murder your medical examination is mandatory before lodging the FIR.
To establish a case under section 307 IPC, certain ingredients or elements must be present and proven in court. These ingredients typically include:
Intention to Kill
The accused must have had a clear and unequivocal intention to cause the death of the victim. This intention to kill is a crucial element of the offence.
Act of Violence
There must be a direct act of violence committed by the accused. It could be through the use of a weapon or any other means that could potentially result in the death of the victim.
Proximity to Murder
The act committed by the accused must be in such proximity to causing death that if it had been successful, it would have resulted in the victim's death.
Motive to cause death
While motive is not a primary element, it can be considered as corroborative evidence. It can help establish the accused's intent and motive behind the attempt to murder.
Causation of Injury
The accused must have caused an injury to the victim as a result of their actions. This injury should be more than trivial and must have the potential to result in death.
Knowledge of Likely Consequences
The accused should have known or been aware that their actions were likely to cause the death of the victim.
Injuries not sufficient to cause death
If the injuries you sustained are not severe enough to potentially result in death, or if they are of a general nature that typically wouldn't lead to a fatal outcome, then such injuries would not amount to the offense of attempted murder.
With the increasing dependence on digital communication platforms like WhatsApp, the legal implications surrounding the admissibility and reliability of such digital evidences have gained significant importance. This article sheds light on the nuances of using WhatsApp messages as evidence in courts, particularly focusing on the context of India, which has a rapidly evolving digital landscape.
1. The Legal Framework for Digital Evidence in India
Before diving into the specifics of WhatsApp messages, it's essential to understand the overarching legal structure governing digital evidence in India.
- The Indian Evidence Act, 1872: Section 65A and Section 65B pertain to the admissibility of electronic records. Specifically, Section 65B details the conditions under which electronic records can be considered as evidence. It requires a certificate to be attached to the electronic record, verifying its authenticity.
- Information Technology Act, 2000: This act was introduced to provide a legal framework for electronic governance and electronic transactions. It also discusses the admissibility of electronic records and prescribes penalties for tampering with them.
2. Admissibility of WhatsApp Messages in Court
The admissibility of WhatsApp messages, like all digital evidence, primarily hinges on their authenticity and integrity.
- Authentication: Before a WhatsApp message can be used as evidence, it must be proven that the message originated from the alleged sender and was indeed received by the intended recipient. This can be challenging, as messages can be manipulated or taken out of context.
- Section 65B Certification: For an electronic record to be admitted as evidence in court, it needs to come with a certificate as described under Section 65B of the Indian Evidence Act. This certificate ensures the message's source, the manner in which it was produced, and its custody is known and verified.
3. Challenges in Using WhatsApp Messages as Evidence
While WhatsApp messages can be potent evidence, they come with a set of challenges:
- Manipulation Concerns: Messages can be manipulated using various software tools, making it vital for courts to ensure their authenticity.
- Context is Crucial: Standalone messages might be misleading. The entire conversation thread or related messages might be required to understand the context fully.
- Encryption Issues: WhatsApp uses end-to-end encryption, ensuring that only the sender and the recipient can read the messages. This encryption ensures user privacy but can pose challenges when retrieving messages for legal purposes.
4. Case Precedents and Judicial Approach
In various cases, Indian courts have acknowledged the relevance of WhatsApp messages:
- Anvar P.V. vs. P.K. Basheer: This landmark judgment by the Supreme Court clarified the importance of Section 65B certification for the admissibility of electronic records.
- Subsequent Judgments: Following the precedent set by Anvar P.V. vs. P.K. Basheer, various courts have admitted WhatsApp chats as evidence, emphasizing the significance of context and the reliability of the presented records.
5. Practical Implications for Lawyers and Litigants
If you're considering using WhatsApp messages as evidence:
- Maintain Original Records: Ensure that you keep original message threads without any alteration.
- Seek Expert Assistance: Considering the technical nature of electronic evidence, it might be beneficial to engage with cyber forensics experts to authenticate records.
- Understand Privacy Implications: While presenting messages as evidence, understand the privacy implications, especially if the content is sensitive.
Conclusion
WhatsApp messages, like other forms of electronic records, have steadily gained acceptance in the court of law. However, their admissibility and reliability are often under scrutiny. It is crucial to understand the legal framework, challenges, and practical implications before presenting such messages as evidence. In an era dominated by digital communication, the importance of ensuring the authenticity and reliability of digital evidence cannot be overstated.
