I am the principal of inter-college. One day peon of the college committed rape on a student of class eleven. Her father reported the incident to me on the same day and asked to file FIR. I thought that it might disrepute our institution, therefore, trying to compromise the matter. Eventually, he filed FIR and also made me an accused. Did I commit any offence under POCSO?
You have committed an offense under Section 19/21 of the POCSO Act, which protects children from sexual offenses. Failure to report a crime under this act is punishable by law, and it was your responsibility to report the rape committed by the school peon to the nearest police station once you were made aware of it.
The POCSO Act is a special law enacted for the protection of children from sexual offenses. Any person who is aware of such a crime is obligated to report it to the Special Juvenile Police Unit or the local police, as per Section 19 of the act. Since you were informed by the victim's father that the peon had committed the rape, it was your responsibility to report it to the police immediately.
Failure to report such an offense is punishable under Section 21 of the POCSO Act. As the principal of the school and the peon's superior, your failure to report the crime makes you liable under Section 21(2) of the act. According to this section, any person who is in charge of an institution and fails to report a subordinate's offense is punishable by law.
For an offense to be committed under Section 21, the person in charge of the institution must be aware that an offense has been committed. Since you were informed by the victim's father and even asked to file an FIR, your deliberate attempt to compromise the matter makes you guilty under Section 21(2) of the POCSO Act.
The POCSO Act was enacted in line with Articles 15 and 39 of the Indian Constitution, which permit Parliament to create special laws for children. As girls are vulnerable to sexual offenses, the POCSO Act imposes a duty on individuals to launch criminal proceedings by reporting such crimes to the police.
In the A.S. Krishnan v. State of Kerala case, the Supreme Court held that "knowledge" is equivalent to awareness on the part of the person concerned indicating his state of mind. Since your attempts to compromise the case prove that you were aware of the crime, you have committed an offense under Section 21(2) of the POCSO Act.
Although you and the peon committed different crimes, Section 223 of the Code of Criminal Procedure allows for two or more accused to be tried together if they committed different offenses in the same transaction. Therefore, you may be tried jointly.
I was a student studying abroad in Belgium. In 2016, one of my colleague who was also staying in Belgium took around 1100 euros which correspond to Rs 88000 in today’s conversion rate. He promised to return in two months. However, soon after going back to India he disappeared, switched off his mobile phone, change his email account. I tried making several contacts but of no response. I called their parents, but they denied that his son has taken the money and now not responding to my calls. Its almost two years now but I cannot contact him.
I gave him a loan as cash on two instalments (500 euro each). I have proof of bank transaction. I have audio and email confirmations of money given and acknowledging about the same.
I am helpless and badly want to get my hard-earned money back. I belong to a middle-class family and saved money to support my studies abroad and family expenses. I feel cheated and seek legal help if any possible to recover the amount. Please help me if any lawyers can provide legal help/suggestions on this.
Your friend has committed the offence of cheating. He had the intention to take money from you by making a false promise to return. At the same time, he had no plan to pay back the said money.
He switched off his mobile phone and closed the email id. These acts itself prove that he is trying to conceal his appearance. The main reason behind such concealment is not to pay back the money.
You may file an FIR for the offence of cheating. The Indian court has jurisdiction to try this case however money transferred in Belgium.
Jurisdiction of court
According to section 4 of the Indian Penal Code (IPC), if an Indian citizen commits an act in a foreign country which is an offence under the IPC, the court has jurisdiction to try that offence.
Therefore, you can file the FIR in the nearest police station in whose jurisdiction you are currently living.
Limitation period
The offence of cheating is punishable with the imprisonment up to seven years. Therefore, there is no limitation period for institution of FIR. The court will take cognisance even after the delay of three years.
Section 468 of the Code of Criminal Procedure, provides a limitation period for taking cognisance. According to it, there is no limitation period if the offence is punishable with more than three years of imprisonment.
Offence of Cheating
The offence of cheating is punishable under section 420 of the IPC. If the accused had a dishonest or fraudulent intention and induced the person to deliver the property, he commits cheating. Your friend had such intention and influenced you. Therefore, he commits the offence of cheating.
In Anil Mahajan v. Bhor Industries Ltd., (2005) 10 SCC 228 the supreme court holds that mere failure to keep the promise at a subsequent stage does not constitute the offence of cheating. If he had a dishonest intention and deceived by the false hope, he commits a crime, i.e. cheating.
Therefore, you should file an FIR against him as soon as possible. You must explain the delay for filing FIR because it is necessary to make the FIR trustworthy. You have sufficient evidence. Firstly, a proof of withdrawal of money from your bank account. Secondly, audio and email conversation in which he acknowledged the receiving that money. Thirdly, he ran away after coming to India. All the above evidence prove that he committed the offence of cheating. You should take suitable action against your friend.
The bank has violated the procedure made under the SARFAESI act and proceeded for property auction. In possession notice, date of demand notice was incorrect. Moreover, under 13 (3–A) bank has not responded for the representation given on the demand notice. How to quash or stop the notice of sale and possession notice?
The Debts Recovery Tribunal (DRT) if it is found to be in violation of the provisions of the SARFAESI Act or the rules and regulations specified under it. Here's how you can quash a demand notice under the SARFAESI Act:
- File a Representation: The borrower may file a representation with the lender, explaining why the demand notice is in violation of the SARFAESI Act and why it should be quashed. The lender may then review the representation and take appropriate action.
- File a Petition with DRT: If the lender does not respond or if the representation is not accepted, the borrower may file a petition with the DRT, seeking to quash the demand notice.
- Present Evidence and Arguments: The borrower must present evidence and arguments to support their petition, showing that the demand notice is in violation of the SARFAESI Act or the rules and regulations specified under it.
- Ruling of the DRT: Based on the evidence and arguments presented, the DRT will make a ruling on the petition, either quashing the demand notice or dismissing it.
It's important to note that the proceedings before the DRT are conducted in a formal manner and parties are expected to follow the rules of procedure and evidence. The DRT's ruling on the petition to quash the demand notice is final and binding, and either party may appeal the decision in a higher court if necessary.
SARFAESI Act is special legislation. It empowers the banks to recover dues from defaulting borrowers without the intervention of court.
The borrower has the right to receive a demand notice under section 13(2) of the SARFAESI Act. The said demand notice bears the total outstanding and sixty days time period for its payment.
Sixty days period for payment of outstanding starts from the date of receiving of notice.
As per the provision of the SARFAESI Act, the bank cannot take measure under section 13(4) in violation of mandatory requirements. A demand notice with the correct particulars is necessary under section 13(2).
A notice with wrong information has no effect in the eye of law. You should file an appeal before the DRT (Debts Recovery Tribunal) for quashing the said demand notice.
Section 17 provides you with a remedy to appeal before the DRT if aggrieved by the steps under section 13(4). If demand notice has issued and assets declared NPA the Bank will proceed under section 13(4).
When bank likely to take steps under section 13(4) you can move an appeal before the DRT. The DRT has the power to quash the irregular notice.
Notice is invalid because it bears wrong information. In Chimanlal v Mishrilal (1985) 1 SCC 14 the Supreme Court holds that the validity of notice is the precondition for taking a further step.
Hence, bank authority cannot proceed under section 13(4) by invalid notice.
Whether the enhancement of alimony is possible? I married in the year 2003. My husband was rude and careless towards me. Therefore, I finally decided to leave the matrimonial home. Now, I have been residing with my parents. I started working as a school teacher. Unfortunately, my salary is not enough to meet my essential expenses.
I am a childless woman but unfortunately suffering from financial paucity. I need financial help, therefore, filed a petition for maintenance under section 125 CRPC. Finally, the court has fixed the monthly alimony as rs. 4000.
My husband cheated by making the promise to pay a high amount as maintenance. I relied upon him and got a mutual divorce from the family court. Now my husband has retracted from his promise and denying to fulfil his obligation.
Right now, he has promoted at the post of the senior manager. In light of the above facts, I want enhancement in maintenance. Is it possible to file any suit or petition for an increase in alimony? Kindly help.
You have the right to seek an increase in the amount of alimony granted to you by the court. As per law, it is the husband's duty to provide for his wife's basic needs and maintain the same standard of living that she had during the marriage. It appears that the terms of the alimony were agreed upon during the mutual consent divorce, and your husband has failed to fulfill his obligation.
You could have enforced the terms of the agreement by filing an application before the family court. However, you still have the option to file such an application now. Currently, you are receiving a monthly allowance as per the maintenance fixed by the court under Section 125 of the Code of Criminal Procedure (CrPC).
Please note that the court's order for maintenance under Section 125 CrPC is provisional and can be revised if the court is convinced that the amount is inadequate to maintain your living standards. It is your right to live with dignity and the court takes into account the husband's standard of living while determining the appropriate amount of alimony. Therefore, you may file an application before the family court seeking an increase in the amount of alimony granted to you.
Section 127 crpc
Section 127 of the CrPC empowers the court to increase or decrease the amount of maintenance if there have been changes in the circumstances of the parties. These changes must be convincing and satisfy the court that an increase or decrease in maintenance is necessary.
In your particular case, the increase in your husband's salary is a significant factor to consider for enhancing the alimony amount. The court will take this fact into account and may adjust the maintenance accordingly. To support your application, you will need to provide evidence of your husband's increased salary and how the current amount of alimony is insufficient to meet your needs.
Whether application under section 127 is maintainable?
Yes, the petition for the enhancement of alimony is maintainable. There is no limitation period for filing such an application, so you can approach the court at any time when the alimony becomes insufficient. The wife should not be punished and be bound to live in destitution if circumstances create hardship for her.
Sections 125 to 128 of the CrPC have a significant social impact on the living conditions of the wife, children, and parents. The law ensures that they do not live in starvation, and the responsible person must fulfill their social obligation. Therefore, the procedure towards maintenance incorporated in the CrPC aims to give speedy justice to destitute individuals.
The law of limitation does not apply in maintenance proceedings since the right to maintenance is a continuing right. Therefore, you are entitled to claim alimony as well as its enhancement at any time.
If you can prove the changes in the circumstances of the parties, the court will not refuse the application under Section 127 of the CrPC. In the case of Padmja Sharma v. Ratan Lal Sharma, (2000) 4 SCC 266, the Supreme Court held that "the concept behind maintenance is to protect the wife from destitution." Further, the right to maintenance includes provisions for food, clothing, residence, education, medical attendance, and treatment.
In Bhagwan vs Kamala Devi, AIR 1975 SC 83, the Hon'ble Apex Court observed that the expression "unable to maintain herself" does not mean that the wife must be absolutely destitute. When the wife is living under undignified conditions, she can claim maintenance.
Therefore, you can file an application under Section 127 of the CrPC and seek an enhanced amount of alimony from the date of filing.
Can I approach the court for the enhancement in amount of maintenance?
Question: Can I approach the court for the enhancement in amount of maintenance? My husband left me and my son he is working in central govt. we are officially married till now he provide maintenance only 8000p.m I am just a house wife and everything price is high so I cannot survive with this amount school, basic needs etc. Can you suggest me in this matter?
Asked from: Meghalaya
If you have been granted maintenance under Section 125 of the Code of Criminal Procedure (CrPC), you can approach the court under Section 127 to seek an enhancement in the amount of maintenance.
In your case, the circumstances have changed, and it has become difficult to maintain your family with the current amount of eight thousand rupees. Additionally, your husband's salary has increased, and therefore, the amount of maintenance should also be increased proportionately.
You should file an application for the enhancement of maintenance, and the court will make an appropriate order based on the evidence presented.
I am living in an apartment with my family. I am disturbed by kids making loud noises when they play in the corridor of the apartment. There is no playtime for them, and they play till 10 pm sometimes. There is a play area in our apartment which has ample space for kids to play. However, some parents refuse to send the kids to play zone and make them play in the corridor. We have spoken the respective parents also, but they insist on playing in the passage. Could you please advise me if I can take any action by law.
Asked from: Maharashtra
Well, children are causing nuisance by making noise in the public area in late night. Nuisance or annoyance is of two kinds. One is public nuisance and another is private nuisance. The public nuisance is an offence because it affects the society at large. Hence, it is punishable under Section 290 of the Indian Penal Code.
A private nuisance is a civil wrong. Private nuisance affects some individuals as distinguished from the public at large and requires special damage to be actionable. Therefore, you have the option to initiate a civil proceeding for compensation and injunction against the nuisance.
File a civil suit against the nuisance
The private nuisance is a civil wrong. Therefore, you have the right to claim damages for the interference in your peaceful life. You should file a civil suit for the permanent injunction and damages for suffering nuisance in daily life.
The parents of children have been allowing them to play in the corridor. Parents are responsible to take proper care of child and maintain peace & tranquility in the public area. Hence, you should set liability against their parents.
How to file a civil suit
First of all you should send a legal notice to their parents and told them to "not allow your children to play in the corridor at the late night. If you don't stop the nuisance then I'll be bound to take legal action against you."
If the nuisance persists even after the serving of legal notice then you should institute a civil suit. In the proposed civil suit you should seek ad interim relief i.e. to direct the defendants to not cause nuisance till the further order of the court. You should also claim compensation for mental agony.
It is the responsibility of every member of the society to maintain peace and don't interfere in the peaceful enjoyment of others. If they infringe the rights of other, they shall be liable to compensate.
Question: Question: What if my neighbour is continuously shouting and talking in rude behaviour with my kid for playing in the society premises.
Asked from: Maharashtra
If your neighbour is continuously shouting and talking rudely to your child for playing in the society premises, you should first try to talk to your neighbour calmly and respectfully, and explain to them that your child has a right to play in the common areas of the society.
It's important to maintain a cordial relationship with your neighbour, so try to avoid getting into an argument or a shouting match. If talking to your neighbour doesn't work, you may want to consider approaching the society's management committee and bringing the issue to their attention.
If your neighbour's behaviour is causing a disturbance and is violating any laws or rules. It's important to remember that maintaining a peaceful and respectful relationship with your neighbours is essential for a harmonious living environment, so try to approach the situation with empathy and understanding.
Alternatively, you can file a complaint with the local authorities under Section 145 of the CrPC. It is the responsibility of the magistrate to take a bond from the person who is trying to breach the peace. Unnecessarily shouting at children can disturb the peace and tranquility, so the magistrate may take a bond from your neighbour.
Related
My husband is a British citizen, and I’m his wife, an Indian citizen. We married on 6 May 2018 in India. After that, my husband was doing my visa of UK when he left India after marriage to the UK. I got my UK visa I went to the UK, and I lived there for two months.
There I was harassed by my husband. Then I said to my parents living in India, and then I was called to India by my parents, and my husband and I came to India. Moreover, then my husband went back to Uk without informing me, and now I m in India, and my husband is in the UK, and he is not receiving my call and messages. No support from there family and his whole family is not accepting my request and message. My mobile, passport and document are with my husband. Please, can you help me with what I could do?
No doubt, your husband has committed the offence of cruelty punishable under section 498 A of the Indian Penal Code. But, he is a British citizen and more importantly he committed the said offence in the UK. Hence, the Indian court lacks territorial jurisdiction in your case.
Section 4 of the Indian Penal Code confers jurisdiction upon Indian courts if a foreign citizen commits the offence. A foreigner is triable in India if he determines crime in
- India or
- on any ship or aircraft registered in India
In your case, the cruelty took place in the UK thus the matter is beyond the jurisdiction of Indian courts. If you move a complaint before the court for the offence of cruelty, then it shall be rejected by the court for want of jurisdiction [Fatma Bibi Ahmed Patel v. State of Gujarat, (2008) 6 SCC 789]
If few acts of cruelty were committed in India and remain to continue in the UK; then you can file a complaint in India. In other words, if the act committed in the UK is the part of the same transaction or furtherance of cruelty committed in India, then Indian court can take cognisance. Upon fulfilment of the above conditions, the court will have jurisdiction to take notice of your case. [Gyan Singh v. State of Rajastha (2000) DMC 634]
If you establish the authority of Indian court over the matter, then you can move complaint not only for the offence of cruelty but you can also move a complaint under
- Domestic Violence Act
- Section 406 IPC (for withholding your documents)
You should collect enough evidence to prove your case at the stage of filing the complaint. The complaint must show that offence of cruelty has been committed by the accused and it is triable by the Magistrate. The complaint must prima facie proves the commission of the offence and supported by cogent evidence.
Father purchased a plot out of his own income but the plot was registered in the name of my mother. The said plot is muted in my mother’s name, therefore, my mother claims that she is the absolute owner of the plot. I have one brother and one sister all are married I have a very strange relationship with my mother.
Because of the strange relationship my mother does not like me. Last year my mother made a Will and transfer the said plot to my sister. At this point of time can I move any legal proceeding for cancellation of such transfer?
You can move a civil suit for cancellation of such transfer because your mother is not the absolute owner of the property. It is Undisputed fact that your father purchased the said plot out of his own income. Therefore it is the self-acquired property of your father. You have not mentioned whether your father is alive or dead. If your father is alive then your mother cannot transfer the said property by any mode.
If your father has died
Your father was the absolute owner of the property however, the said property is registered in your mother’s name. Your mother had no source of income at the time when your father purchased the property, therefore, she cannot claim ownership only on the basis of mutation or registration in her name.
The law is settled that mutation does not confer any right or title in the property. The mutation effected in the revenue record only for the purpose to prove possession over the property. The mutation itself does not prove ownership. Thus it is evident from the above provision that your mother is not an absolute owner of the property.
Section 14 of the Hindu Succession Act
If a Hindu woman acquired a property from of the modes given below, the above section confers ownership over it. A property is said to be acquired by a woman if she received the property
- By a deed of transfer
- From a compromise decree
- Decree in invetium
- Transfer by instrument
In your case, the said property is never transferred by your father. Moreover, your father did not execute any gift deed in your mother’s favour. It is mutated in your mother name and mutation does not recognised as a deed of transfer of property.
In Eramma v. Veerupana AIR 1966 SC 1879; the Supreme Court has held that mere mutation or handing over of the property by the husband to the wife does not amount to her having acquired the property.
For the acquisition of property there must be something to prove that right to the property is transferred from the owner to another person. The intention behind transferof property decides the transfer of ownership.
In your case, ownership had not been transferred to your mother hence, she did not acquire the property under section 14. Therefore, she had no right to transfer the said property. The said property has vested in the legal heir of your father.
In Balwant Singh vs Daulat Singh AIR 1997 SC 2719 the Supreme Court has held that mere possession of property by a Hindu woman (widow) does not make her a full owner of the said property under section 14 of the Hindu Succession Act.
You are entitled to maintenance, under section 125 of the code of criminal procedure, even beyond the Iddat period. Your husband cannot absolve of his liability merely stating that Muslim woman is not entitled to the maintenance after the Iddat period. The judgment of Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556 still applicable because in Danial Latifi v. Union of India, (2001) 7 SCC 740 the constitutional bench of Supreme Court has upheld the validity of a judgment rendered in Shah Bano case.
A Muslim woman is entitled to maintenance under section 125 of the code of criminal procedure even after divorce. If she gets married, then her right to maintenance will come to an end. Muslim personal law provides maintenance until the expiration of the Iddat period, but section 125 CrPC does not control by the personal law. Hence, maintenance can be extended beyond the Iddat period.
The 1986 act requires that court can proceed under section 125 only when both parties agree and submitted their affidavit or declaration (under section 5 of 1986 Act) that they prefer to govern by the provision of section 125 – 128 of the CrPC.
In your case, a maintenance petition under section 125 is admitted by the court without any objection of your husband. As well as your application under section 3 of the 1986 Act was also allowed. It infers that your husband has granted his permission to governed by the provision of section 125 CrPC. No other formality is required under section 125.
Now the court became empowered to decide your application under section 125 CrPC and grant maintenance. In Danial Latifi v. Union of India, (2001) 7 SCC 740 the Supreme Court opined that husband is under obligation to make a “reasonable and fair provision” for his divorced wife and provide “maintenance” for her if she remains unmarried.
In Khatoon Nisa v. State of U.P., (2014) 12 SCC 646 the Supreme held that “when parties agree, the provisions of Section 125 CrPC could be invoked as contained in Section 5 of the 1986 Act and even otherwise, the Magistrate under the Act has the power to grant maintenance in favour of a divorced woman”.
In Shabana Bano v. Imran Khan (2010) 1 SCC 666 the Supreme Court reiterated that “The appellant’s petition under Section 125 CrPC would be maintainable before the Family Court as long as the appellant does not remarry. The amount of maintenance to be awarded under Section 125 CrPC cannot be restricted for the Iddat period only.”
Hence, you are still entitled to get maintenance after the Iddat period. Your husband has already granted permission to govern under the provision of section 125 CrPC. No other formality is required for maintenance under section 125.
Every person has the right to choose his life partner and it is a fundamental right. My friend loves his colleague, and they have decided to get married. They belong from a different community, therefore, cannot marry due to the customs of their society. He is terrified because his uncle warned him that if he marries with his friend, then he should be ready to face serious consequences. Sir, this doesn’t seem right, and no one can force them to retract from their decision. Please tell me what they should do?
Asked from: Punjab
Don't let your uncle's threats scare you. As per Section 5(iii) of the Hindu Marriage Act 1955 (HMA), you and your partner have attained the marriageable age required by law. The HMA states that a bridegroom must be at least 21 years old, while a bride must be at least 18 years old. This means that you can get married without the need for parental consent or permission.
It's worth noting that the Hindu Marriage Act allows for inter-caste marriages. While you and your partner belong to different Hindu communities, you still have the right to get married under the HMA. This law recognizes the validity of marriages between two Hindus, regardless of their caste or community.
Right to choose life partner is a fundamental right
In a recent landmark judgment, the Supreme Court in Shakti Vahini v. Union of India, (2018) 7 SCC 192, declared that the right to choose a life partner is a fundamental right. The court held that the freedom to marry a person of one's choice is protected under Article 21, 19(1)(a), and 14 of the Indian Constitution.
Once the fundamental right is inherent in a person, then no one can scuttle such right by leaning on any kind of philosophy, moral or social, or self-proclaimed elevation.
Shakti Vahini vs. Union of India (2018) 7 SCC 192
The right to select a life partner is an essential aspect of the right to life and personal liberty, which are guaranteed by the Indian Constitution. The court stated that this right is not only a matter of individual choice but also a reflection of social dignity and individual autonomy.
The judgment also emphasized that the freedom of speech and expression are integral to the right to choose one's life partner. Therefore, every individual has the right to choose their partner regardless of caste, religion, or community.
It's important to note that threats and coercion against inter-caste marriage are illegal under Indian law. If your friend's uncle is making threats, he may be in violation of section 504/506 of the Indian Penal Code. Your friend should not be afraid to seek legal recourse against him.
In fact, the Supreme Court has expressed its concern about growing incidents of threats and violence against inter-caste marriage in Lata Singh v. State of U.P., (2006) 5 SCC 475. The Court has held that
“However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes.
If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage.”
Take protection order from the High Court
From a legal standpoint, it is advisable for your friend to obtain a protection order in the current scenario. The court can issue a protection order directing the local administration to provide adequate security to ensure the safety of your friend and their partner. With police protection, they can solemnize their marriage without any fear or threat from the uncle, as has been recognized by the Supreme Court in the Lata Singh v. State of U.P. case as:
“We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.”
Lata Singh v. State of U.P., (2006) 5 SCC 475
Again in the Shakti Vahini case, the Supreme Court has reiterated about the protection of such a couple as:
“The District Magistrate/Superintendent of Police must deal with the complaint regarding threat administered to such couple/family with the utmost sensitivity. It should be first ascertained whether the bachelor-bachelorette are capable adults. Thereafter, if necessary, they may be provided logistical support for solemnising their marriage and/or for being duly registered under police protection, if they so desire.
After the marriage, if the couple so desire, they can be provided accommodation on payment of nominal charges in the safe house initially for a period of one month to be extended on monthly basis but not exceeding one year in aggregate, depending on their threat assessment on a case-to-case basis.”
To protect his fundamental right to choose a life partner, your friend should consider filing a writ petition under Article 226 of the Constitution before the High Court to obtain a protection order. If his uncle continues to threaten him, he should file the petition. The court can issue a protection order if the petitioner is receiving apparent threats while exercising his legal right. Since the right to choose a life partner is a fundamental right, your friend can move a writ petition to ensure that his right is upheld and protected.
Also read: Get protection order if threat to life after inter caste marriage
My wife has filed a false of cruelty under section 498A of the Indian Penal Code. The case is still pending and all accused are be on bail. I am a businessman and used to travel abroad for business purposes. I have a serious concern about whether can court impounds passport? Except this, no criminal case is pending.
Section 104 of the Code of Criminal Procedure 1973 empowers the court to impound documents, or things produce before it. Additionally, Section 10(3) of The Passports Act, 1967 enables the passport authority to impound or revoke a passport or travel document.
The investigating officer may seize any document in the course of the investigation and produce it before the court. Section 102 of the Code of Criminal Procedure empowers the police officer to seize a document but does not authorize to impound such document.
It is evident from the provision of section 10(3) of The Passports Act, 1967 that only passport authority can impound passport. When police officer seizes a passport, he shall inform the passport authority and request him that impounding of passport is necessary under the provision of section 10(3).
Whenever court satisfies that seized documents should be retained for some time then the cour,t may impound it under section 104 CrPC. If the paper is neither seized nor produced before the court, then the court cannot exercise its power under section 104 CrPC. In your case, the police officer did not seize your passport then how the court can impound it?
In Suresh Nanda v. CBI, (2008) 3 SCC 674; the Supreme Court held that the court could not impound a passport. The court further stated that:
“Impounding of a “passport” is provided for in Section 10(3) of the Passports Act. The Passports Act is a special law while CrPC is a general law. It is well settled that the special law prevails over the general law. Section 104 only enables the court to impound any document or thing other than a passport.”
Therefore, the court cannot impound your passport under section 104 CrPC. In Preeti Gupta v. the State of Jharkhand, (2010) 7 SCC 667; the Supreme Court opined that most of the complaints Section 498-A IPC is false. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent, but false cases are frustrating this object.
