What actions should you take against an attempt to murder?

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.

WhatsApp Messages as Evidence in Court: A Comprehensive Overview

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.

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.

Trader from Maharashtra supplied the material to party in Telangana

Question: We are trader from Maharashtra supplied the material to party in Telangana. From last one year he is not paying balance 2.85 lakhs payment. He has given PDC of 10 lakhs as a security. But cannot deposit as demand amount is less than PDC. Pls advise.

If a party owes you money, there are several steps and legal avenues you can pursue in India. However, please note that while I can provide general guidance based on your description, it’s essential to consult with a legal professional for personalized advice specific to your situation.

Here’s a general overview of what you can consider:

  1. Written Communication: Before considering any legal action, send a formal written reminder to the party detailing the amount due, the products or services for which the payment is due, and request immediate payment. Ensure this communication is sent through a recorded delivery method (like speed post) to have proof of delivery.
  2. Mediation: If the party is willing, you can both agree to resolve the matter through mediation. This involves an unbiased third party (the mediator) assisting both parties in reaching an agreement.
  3. Legal Notice: If there’s no response or resolution from the above steps, consider sending a legal notice through a lawyer. This is a formal way of demanding the dues and informing the party that you may initiate legal proceedings if the dues are not settled.
  4. Negotiate a Settlement: If the party responds after the legal notice, and there’s room for negotiation, you could possibly agree to some form of settlement, either in part or as a structured payment plan. Remember, it’s essential to get any such agreement in writing.
  5. Civil Suit: If the party doesn’t respond even after the legal notice, you can consider filing a civil suit for recovery of the dues. You’d need to approach a competent court under whose jurisdiction the contract was executed or where either of the parties resides or carries on business.
  6. Criminal Complaint: Issuing a cheque that bounces due to insufficient funds can be considered a criminal offense under Section 138 of the Negotiable Instruments Act. However, there’s a complication in your case because the Post Dated Cheque (PDC) amount is more than what is owed. You should consult with a legal professional to understand if and how this could be used. Often the mere threat of criminal proceedings can prompt settlement.
  7. Insolvency Proceedings: If the party in Telangana is a company and is unable to pay its debts, you might be able to initiate insolvency proceedings against them. This is a more drastic measure and requires consultation with a legal professional.
  8. Engage a Collection Agency: Some businesses engage collection agencies to recover their dues, but this comes at a cost, as these agencies charge a fee (usually a percentage of the recovered amount).

Remember, preserving the relationship might be beneficial in the long run, so always approach these matters with a balance of firmness and understanding. Lastly, always consult with a legal professional when considering any of the above options.

Members have breached trust unlawfully

Members have breached trust unlawfully. As an ex-President and donor, I am facing a situation where 10 members have passed away, some members have resigned, and there have been no audits for 15 years, leading to a breach of trust. Three members have no objections to returning the land donated. However, the secretary and one member are attempting to transfer the trust land to another trust for their own benefits. How can I take action in this situation to protect my interests as a donor?

Asked from: Rajasthan

As a donor, you have the right to manage and protect the donated property from any unauthorized actions. To safeguard the property, the first step is to file a civil suit for a permanent injunction against the members involved.

By filing the civil suit, you can legally assert your right to manage and control the property, preventing any misuse or transfer by the members. Additionally, in the same suit, you should also request a temporary injunction to immediately stop any potential transfer of the property to other parties.

Seeking a temporary injunction will act as a precautionary measure, ensuring that the property remains under your protection until the court decides on the permanent injunction. This legal action will help preserve the property and its intended purpose as per your donation and prevent any unauthorized actions by the members involved.

Related: