Criminal Law

In the Police, custody police take a statement from the accused. If in the pressure of police accused writes false statement, how far it is considered valid in the Court of law.

Statement taken by the police when accused is in its custody is a protected statement and it shall not be used against the accused. According to section 26 of the Indian Evidence Act, a statement recorded by a police officer from an accused under police custody cannot be admitted against the accused. An accused is fully protected from that statement because if it is admitted against the accused then the police can make a statement or even confession from the accused either by hook or crook.

Sir, my younger brother is involved in a rape case. He is falsely implicated in the crime. Now complainant is under consideration for compromise of the case and she is now ready to withdraw this case. I want to quash this proceeding because that lady, victim of this case, is ready and willing to withdraw it. How can I make a compromise in a rape case?

My wife has been downloading my photos from social networking websites and sending them to my brother in law with vulgar comments. She has unnecessarily started posting false statements claiming to be made by me as well. The communication I have had with her is only for 10 days after my marriage as she left to her mother’s house after that. We have not had any conversation as such in these 10 days because I had to report back to work.

Please tell me what to do? She has been accessing my social database and downloading my photos. I do not want to become a victim of false statements. I want to take legal action against her for accessing my social network, provoking my in-laws against me and creating problems in my married life. She has also made extremely disgusting and rude statements about me and my husband not having a child yet and has called my husband and me bad words (like buffalo and other animal names) in her WhatsApp messages to my brother in law. My brother in law has not responded to her messages. Please advise me about the best legal option.

My younger brother is prosecuted for the offence of robbery by Banglore police. The offence is committed by his friends and he was bounded by his friends to take participation in the commencement of offence. At the stage of the investigation, police offered him to convert in government witness. He accepted that offer and file application before the trial court. But unfortunately, his application has been rejected by the court. Is there any legal provision to file an appeal?

मेरे बहन का पति झूठे साक्ष्य एकत्र कर रहा है जिससे की वो अपने आप को हत्या के मुक़दमे में बचा सके। उसने दिनाँक १८ मार्च २०१४ को अपने पत्नी की हत्या कर दी। उसका अपने मित्र की पत्नी से अबैध सम्बन्ध था। वो उसपर काफी पैसा लूटता था। उसको अपने घर में भी रखता था। उसका दोस्त भी सेना में सिपाही था और वो दुसरे जगह तैनात था।वो मेरी बहन तो अपने घर पर छोड़ देता था और कभी भी साथ रखने को तैयार नहीं था। मेरे बहन के स्वसुर को ये बात पता चला तो वो मेरे बहन को अनपे साथ लेकर बेटे के पास गए। उसे काफी डाँटा – समझाया, काफी दबाव बनाने पर वो मेरे बहार को साथ रखने को तैयार हो गया। 

किन उसके ४ महीने बाद १८ तारीख की रात को मार डाला। मेरे पिता ने FIR लिखाया। मुक़दमे की पैरवी में वो कुछ झूठे सबूत ले आया है , की उस रात वो मिलिट्री अस्पताल में भर्ती था, उसका इलाज चल रहा था आदि। वो सेना में है तो हो सकता है की वो और भी सबूत ले आये और बच जाये। ऐसे में क्या मुझे न्याय मिलेगा ?

My marriage was solemnised in the year 2010 at Patna, Bihar. My father in law and his family known to us for a long time. He filed a false case of dowry death against all the member of our family. In the year 2014 December my wife met an accident and it was hospitalised for treatment. She received many minor injuries but she got well but after 23 days from the date of discharged from hospital he felt high fever and backache due to this ailment I again hospitalised her in a reputed hospital.

Due to high fever and internal bleeding, she died in hospital during treatment. I have all the records like doctor’s prescription, discharge slip, postmortem report etc. My father in law and his family members were also present in the funeral. They raised no issue regarding her death but they were very co-operative in all the funeral and other rites. But after 2 months of her death, they filed a false case of dowry death and cruelty under section 304 B, 498 A at Patna, XXXX Police station. The investigation is completed and the trial is yet to begin in a few months. I am innocent and have sufficient evidence to prove it, my advocate told that FIR may be quashed by the High court if any application is a file under section 482. Please help.

One of the partners of our firm has filed a false case under section 406/420 IPC. I, as a director of the firm taken some loan about 35 lakh @ 15% interest. Later on, my partner demanded to repay it out of the firm’s income. The dispute has arisen between us and finally, he filed a false case against me.

This loan was taken for the business of the firm and brought it into the firm’s assets. What is a remedy for me against this false case?