Can a 27 years old boy had a consensual relationship with 28 old girls get bail on rape case given by her.Read More

Posted at 12:05 PM, 13 Jun 19 | No Answers Yet

u/s 376 (2)(n) and 506 pretext of rape, everything is done mutually. FIR Brief: My brother had a relationship with a girl from 4-5 years, my brother and girl loved each other. They had intercourse so many times approx. 50 times, girl and we are neighbors, my brother also went to girl home and talked with their parents about marriage and they agreed, but 6 months ago few people of our society seen girl and boy together and they did panchayat in our area and said girl and boy in our village like brother and sister they can't marry and pressurized us. My brother and girl both agreed and decided not to marry and separated mutually, but my brother again approached girl and said he will marry her only, and they again did intercourse, and recently they had a fight and her parents and her complaint about my brother in police station u/s 376 2(n) and 506, can you please let us know what to do in this case? Few things we knew from the charge sheet: 1. The girl did not done Medical 2. They did everything mutually Question: 1. Can we quash the FIR as intercourse was done mutually? 2. What are the chances to win the case? 3. Should we go for compromise or fight the case? Kindly assist us.Read More

Posted at 08:32 PM, 16 May 19 | No Answers Yet

My brother is in jail under 376. In jail, three months had passed. On what grounds he gets bail. Please guide me.Read More

Posted at 06:39 PM, 09 Jun 19 | No Answers Yet

Advocate Nadeem Mohd. Salim Shaikh | Legistify

Advocate Nadeem Mohd. Salim Shaikh
Answered on 08:12 PM, 22 May 19

First and foremost you must approach the Sessions Court or High Court for obtaining Anticipatory Bail as FIR is already registered. After obtaining you can approach the High Court for quashing the FIR.Read More

Posted at 08:12 PM, 22 May 19 | 2 Answers

On issue happens IPC 324, 506, 34 read with cases filed on me but it was the false case. How can I dissolve case on me because not to spoil my good name please give some ideas?Read More

Posted at 01:03 AM, 11 May 19 | No Answers Yet

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You can file a complaint against the neighbour on the ground of grievous hurt. According to section 320 of Indian Penal Code (IPC), 1860 which states that the following kinds of hurt only are designated as grievous hurt:- Emasculation; Permanent privation of the sight of either eye; Permanent privation of the hearing of either ear; Privation of any member or joint; Destruction or permanent impairing of the powers of any member or joint; Permanent disfiguration of the head or face; Fracture or dislocation of a bone or tooth; Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits. Section 325 of IPC, 1860 provides for punishment for grievous hurt and states that, whoever, except in the case provided for by section 335 of IPC, 1860, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. In your case it can be a Permanent privation of the sight of either eye which is a grievous hurt. As your aunt has been badly hurt in her right eye by the neighbour. You can first file an FIR against the neighbour in the nearest police station for committing grievous hurt and if the police refuse to do then file a complaint in the criminal court. You can file the complaint against neighbour with the help of a best criminal law lawyer in India, who will help you and advise you better in your case. The lawyer will help in filing a case against neighbour in the court for committing grievous hurt to you.Read More

Posted at 12:52 PM, 06 Apr 19 | 1 Answer

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No, police can't arrest. Although technically possible, but this is not police protocol. The Police of one state cannot investigate or arrest an accused in another state. The Police of one state can request for co-operation from the local police of that state, only the local police can arrest the accused, produce the accused before a magistrate and the magistrate will issue a transit warrant after which the accused is handed over to the custody of the police of that state. That is protocol observed by all local police forces in India. The Police of a state have to be informed that if police from another state are carrying out searches or investigations in their state. In 90% cases, the local police are always involved as they know the location and the area well. Only CBI, ED etc which are central organizations have full powers of investigation without any prior information. Even they usually involve local police during arrests. A Police officer can arrest a person without warrant a person suspected to be concerned in a crime ( Wanted accused ) registered anywhere in India. The concerned Police station is informed about such arrest who would take that arrested person to their Police station after complying with requisite procedure. The Powers of Police to arrest a person without warrant, circumstances and procedures after arrest are provided in section 41 to 54 of the Criminal Procedure Code. For more clarification or advise, you can consult a best criminal lawyer in India who will help you in your matter and also suggest you, what can be done in your matter.Read More

Posted at 11:23 PM, 11 Apr 19 | 1 Answer

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If with consent then it does not amount to rape but without consent then you can file a rape case against him. By filing a FIR against him. Bombay High Court in Rajiv Patil vs. State of Maharashtra held every Breach Of Promise To Marry Cannot Amount To Rape. Initially, a girl and a boy genuinely may want to get married and have true emotions, hence, established a sexual relationship, even though in a while anyone may decide to withdraw from the relationship on finding flaws in compatibility. In such situations, none can be compelled to marry the other person only due to a sexual relationship. A healthy, legal and objective legal approach for such incidents is very crucial. Despite the fact that a woman may suffer more than the man, legally it cannot be termed as rape in any manner. Relying on the circumstances qualifying for rape, it has been observed that in rape cases, the act of sexual intercourse is a forcible one, without consent of the woman. You can consult an expert criminal law lawyer in India, who will help you and advise you in your matter. The lawyer will guide you better in your matter.Read More

Posted at 08:57 PM, 02 Apr 19 | 1 Answer

Can a non-bailable warrant (nbw) be issued without a hearing? Can an arbitrating judge issue a non-bailable warrant (nbw)? I have missed EMI payments on an unsecured personal loan. The case has been placed for an out of court mediation.Read More

Posted at 06:03 PM, 23 Mar 19 | No Answers Yet

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As you have not stated under what kind of an offence your brother has been held accountable, we provide you with general remedy which is available. You can file an appeal in high court or you can file a fresh bail application on fresh grounds in session court under section 437 of the Criminal procedure code. But it is upon the descretion of the magistrate.  READ: Bail - All You Need To Know You can consult an expert criminal lawyer in India, who will guide you better with respect to the case your brother is being held accountable for. You can also request court for the same.Read More

Posted at 04:09 AM, 21 Mar 19 | 1 Answer