Arshi Noor | Legistify

Arshi Noor
Answered on 07 Feb 2020

Generally, when someone is either naked in a public place or uses certain opportunities to expose his or her naked body in similar locations, he or she can face charges for indecent exposure. These charges can also reflect when there is an expectation of privacy and others can see someone naked that is flaunting the situation and showing off naked to others. Charges from local law enforcement officers generally depend on where the person is and the intent behind the nudity. If the individual is only partially nude and not intending to show others that he or she is naked, the likelihood of charges usually decreases significantly. Once a neighbour or stranger is unwilling to see the person naked and wants it to stop, he or she may contact the local police department. An officer may travel to the property and inform the person that he or she was seen by others naked. This point of contact usually results in a warning that if the individual does not stop, he or she can face charges for indecent exposure because others can see him or her engaging in activities naked. If these activities continue after the first warning, officers may contact the person again and then officially charge him or her with this crime. Senior counsel Adhik Shirodkar argued that "dancing in privacy" and the "possession of porn only for private viewing" is not a criminal offence. The high court accepted the submission and ruled that "privately viewing obscene films on a laptop in a bungalow does not constitute an offence under section 292 of the IPC." Section 292 of the IPC makes it an offence to sell, distribute, circulate, publicly exhibit or even possess obscene content for public exhibition. "Obscene" here is defined as that which "appeals to the lascivious or prurient interest" of the person viewing it. But a crucial aspect of this offence is that it should involve a public element.Read More

Posted on 06 Feb 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

The police may proceed with the complaint suo motu if it has found some evidence against you.Read More

Posted on 04 Sep 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 27 Dec 2019

No, you cannot file a case against your girlfriend if she promised to marry you but she didn't as there is no law for the same.Read More

Posted on 28 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 10 Dec 2019

You can lodge a complaint the girl for harassing you and threatening you before she files a false complaint against you.Read More

Posted on 28 Aug 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 17 Oct 2019

You can file a counter case in the court stating your facts and if you prove your plea. then the punishment for filing any false case will be a maximum of five years imprisonment, a maximum 50,000 fine, or bothRead More

Posted on 11 Sep 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 02 Mar 2019

‘Blackmail ' is a commonly exploited word nowadays. Generally, blackmail is defined as an act where a person puts another person under threat while creating a situation where the person so threatened had to perform a particular task under pressure of that person for the sake of his privacy, reputation and most often for the sake of their wrongful act that they were hiding. It is regarded as a situation where one person puts another at a risk of harm if he does not does the act as directed. This act can be either physical or in term of money. This situation generally arises when a person threatens to use any embarrassing or confidential information about another which that person is not willing to reveal. READ: Blackmail: Is It Really a Crime? Your case has both the aspects of criminal law and cyber law. You may hire a good criminal lawyer in India, who may guide you better in your case. As your case is also being governed under cyber crime as the person is trying to blackmail you, using your explicit photo, you may hire a cyber crime lawyer in India who will help you to file a case against the person.Read More

Posted on 02 Mar 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Collect all the material to prove that she is being medically treated for her mental condition. This shall include medical prescriptions, record of doctor’s appointments, ashram visits etc. You cannot stop her from lodging the complaint, but you can collect the evidence to ensure that you can prove yourself innocent. You can intimate the Police in writing that you suspect that she will file such a false complaint against you. Lastly, in the event she files a formal complaint to the Police, the only option you have is to apply for Bail and defend the matter in the competent court of law. Read More

Posted on 16 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Aid and Abet means essentially the same thing. Aiding- To criminally assist someone in committing a crime. This may occur in planning a crime or escape from apprehension, as well as actually committing the crime.   Abetting- may occur through encouraging, counseling, or ordering another to commit a crime. Read More

Posted on 03 Mar 2016 | 3 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

No. The majority of sexual assaults are committed without the use of a weapon. Even fewer sexual assaults by an acquaintance, rather than a stranger, are committed with the use of a weapon. Read More

Posted on 19 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Indian penal laws do not have a male counterpart of Sections 354A to 354D. To a limited extent, sexual assaults against men are punishable. Those committed against children, both male and female are punishable under the Protection of Children from Sexual Offences, 2012. Section 377, Indian Penal Code punishes acts of sodomy committed against men, notwithstanding consent of the persons. This not to say that such actions, if performed against men, are not punishable. Sexual assaults and disrobing are equally punishable as acts causing hurt/grievous hurt and as those involving use of criminal force. Voyeurism and stalking, if causes physical harm may be punishable as above--what is required is that the act alleged must satisfy the ingredients of the respective section. Read More

Posted on 15 Jun 2016 | 1 Answer