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Showing posts with the label how to file FIR

PART 1 - THINGS TO KNOW BEFORE FILING DEFAMATION COMPLAINT

Being aggrieved of the ruthless comments made upon Birbal by Akbar (His Majesty) in front of the entire Darbar, Birbal has decided to file a Defamation Complaint before the Court of Law. (If you feel clueless, read the first paragraph of - PREVIEW OF DEFAMATION COMPLAINTS PROCEDURE ) Also, Birbal is clueless about the legal process, so he approached Me ( Note: this anecdote is fictional, if you have not realized till now). I had to tell him the following information to make him aware about “Defamation Case Procedures in Indian Courts” in exchange of some legal-fee of course: SECTION 499: Defamation is a Criminal offence under Section 499 of Indian Penal Code . This legal provision contains the legal definition of ‘Defamation’, which has to be followed by Courts and the judicial fraternity in order to convict or acquit an Accused person.   Short-Gyan: Did you know that making defamatory comments against a dead individual is also a criminal defamation offence!   PUNISHME...

WHAT TO DO IF POLICE DOES NOT TAKE ACTION ON MY POLICE COMPLAINT?

ONE MUST ALWAYS TRY TO REFRAIN FROM STEPPING INTO THE CONTOURS OF A COURTROOM, FOR THOSE WHO ENTER ARE FOOLS, WHO VALUE THEIR MONEY OVER THEIR TIME.                                                - A SMART PERSON There may be several reasons as to why the Investigation Officer (hereinafter “ I.O. ”) is not in favour of registering an FIR in your case. Apart from the usual reason, which I am not in favor of mentioning on this online portal, the other reason(s) may include: That, the IO feels your complaint is based on false facts. That, the IO feels your complaint has arisen because of a mere ego-clash between you and the accused. That, the IO feels your complaint do not fall within the four-corners of any criminal offence mentioned under Indian Penal Code or any other Penal Act. That, the IO feels your complaint lacks enough witness/e...

HOW TO APPROACH THE POLICE AND FILE AN FIR

HOW TO INITIATE A CRIMINAL ACTION AGAINST SOMEONE Criminal Law is an important aspect of law, more importantly in India, because there are a lot many scoundrels (read as ‘ bad subjects of the society ’) out in open who may try to physically/ mentally/ financially harm you. In that situation, believe me, it is more important to know the criminal law than any other law. Let us take a simple case of cheating u/s. 420 IPC. Consider the following illustration:       ILLUSTRATION Akbar introduced himself to Babur, a sports journalist, as the Personal Secretary of M.S. DHONI and thereby asked Babur to give him Rs. 10,000/- to fix an interview with Dhoni . Babur was elated to hear this and gladly agreed to the offer. Babur transferred the money in Akbar’s Bank Account through NEFT. Later, Babur realized that he has been cheated by Akbar HOW TO APPROACH THE POLICE AND FILE F.I.R While reading through other articles on the related topic, it may naturally occur to a layman that fil...