Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 18 Sep 2019

In such a case you need to be aware of your rights. You are entitled to legal advice at the police station, so speak to a lawyer, tell them the truth so that they can advise you properly. Consult a criminal defence lawyer in India through Legistify to know your best options.Read More

Posted on 04 Sep 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 12 Sep 2019

A person is granted anticipatory bail if there is an apprehension of an FIR being lodged but before a person is arrested by police. If a person thinks he might be arrested, then he may apply for Anticipatory Bail. A person applies for regular bail after his arrest with the help of a criminal lawyer in India.Read More

Posted on 10 Sep 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 28 Aug 2019

You can file a complaint against your wife for defamation and mental harassment. Mental harassment is the ground for divorce so you can file a divorce case against her. Consult a criminal defence lawyer in India to apply the best legal remedy.Read More

Posted on 27 Aug 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 28 Aug 2019

Below is a list of legal remedies that one can use for protection against section 498a IPC if a woman decides to misuse the law and threatens to register a false case against you for personal gains. Collect All Evidence & Documents: The first step in proving a false accusation would be to gather all substantial material elaborating well on the 498a case details. You must start collecting as much evidence as possible, which includes: Any conversation between you or your family member with your wife or her relatives like any SMS, emails, letters, call recordings, etc. Any evidence that proves that your wife moved willingly out of your house. Any evidence that shows no demands for dowry were made before or after the wedding. Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defence lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police moves ahead to arrest you or your family members. You can file for anticipatory bail for protection against section 498a IPC case under Section 438 of CrPC. Consult a criminal defence lawyer in India to get anticipatory bail. Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the process of the police, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife. File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favour such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife. Get your complaint drafted by a good criminal lawyer so that the police cannot reject it on any grounds. If the police refuse to register your FIR, you can file a written complaint against the police officer, with the Superintendent of that police station. File a case for Restitution of Conjugal Rights: If your wife has left her matrimonial home and went back to live with her family, you can file a case for RCR i.e. restitution of conjugal rights against your wife under Section 9 of Hindu Marriage Act(2). You can mention all the terms and conditions that she’ll have to follow to start living with you once again. File a defamation case against false 498A case: You can also file a defamation case against your wife for maligning your image by filing a false 498A case against you. While fighting the 498a case, the duration of the case will depend largely on the evidence produced before the court and how efficiently your lawyer fights in the court representing your case. Ways to ease the blow of a 498A case: There are some easy to follow ways, where not every time men can be blackmailed against these laws. Section 498a punishment may state that if a husband or relatives/family of the husband are found to subject the wife to cruelty, then they will be imprisoned for a jail term of three years with a liability to fine. However, the law which is meant to protect women, if misused then a new set of directions have been implemented by the Supreme Court to prevent this from happening. According to the recent order, “Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such a committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication. Report of such committee is given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of the complaint. The committee may give its brief report about the factual aspects and its opinion on the matter. Till report of the committee is received, no arrest should normally be effected. The report may be then considered by the Investigating Officer or the Magistrate on its own merit.” The Supreme Court had issued certain guidelines for the enforcement authorities for dealing with 498A cases in India which are: In every district, 1 or more Family Welfare Committees must be established by the District Legal Services Authorities to deal with cases filed under Section 498A. All complaints under Section 498A IPC received by the police or Magistrate must be sent to the committee. The committee must look into the matter and send a report on it within 30 days to the authority that referred the complaint. No arrest must be made until a report is sent by the committee. If an anticipatory bail for 498A is filled with one day’s notice, it must be decided within that time frame only. Personal appearance of all family members may not be required in court and appearance by video conferencing must be allowed for outstation family members. Read More

Posted on 27 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Anticipatory Bail is granted after the registration of FIR but BEFORE a person is arrested by police. If a person apprehends that he might be arrested, he may apply for an Anticipatory Bail. Regular Bail is applied for by a person AFTER his arrest. Since he has already been arrested and in the custody of police, he has to apply for Bail. Interim Bail is like a temporary bail which may be granted till the time your application for Anticipatory Bail or Regular Bail is pending before a Court. Read More

Posted on 19 Feb 2017 | 3 Answers

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 06 Jul 2019

Yes, you can get the anticipatory bail from the respective court where your case comes under the jurisdiction as your matter involves cheating or fraud related to money so you have to deposit some amount in the court as security after that you can apply for the anticipatory bail. You can consult a good criminal lawyer in India who can help you better in your matter.Read More

Posted on 26 Jun 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

One can apply for Anticipatory bail in the anticipation of a probable arrest in case there are chances that an FIR has been filed for a cognizable offence. An anticipatory bail may be filed at any time in the Subordinate court. You can find a lawyer suiting your needs by clicking here. Read More

Posted on 19 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

As you have not stated under what kind of an offence your uncle 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 decretion of the magistrate but in your case if it has been rejected for such a long period then make an appeal in the high court. please contact a lawyer for as he can guide you better with respect to the case your uncle is being held accountable for. Read More

Posted on 17 Dec 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

To deal with false allegations, or to prevent an arrest in your case, you can ask a lawyer to get anticipatory bail for you. Anticipatory bail is like an advance bail if you have apprehension that someone can file an FIR against you. It will prevent the police from arresting you. You need to consult a lawyer to know your best legal recourse as your case is very complicated. Read More

Posted on 01 Jun 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. Under Indian Criminal Law, there is a provision for anticipatory bail under Section 438 of the Criminal procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).Read More

Posted on 06 Mar 2016 | 1 Answer