498A, 406 False Streedhan Charges

Guest (Querist) 04 January 2011 This query is : Resolved
I have today received the copy of the chargesheet in my 498A case - the chargesheet now have a additional charge u/s 406 which was not there in the FIR.

There is a long list of jewellery that they have stated is with me but my wife had taken these at the time she left uninformed.

I have secured regular bail at the time of FIR now I want to know what will happen on the date I appear before the trial court as there would be allegation from the other party for the items that they claim are with me. Can I be arrested - what is the defense for the false claims.

How the court proceeds in these cases I am new to it want to knwo how to defend or how the court proceeds in such cases.

Please guide.

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Guest (Querist) 04 January 2011
does it impact bail of my family members who have to take bail on chargesheet.

Ajay Bansal (Expert) 05 January 2011
THERE WILL BE NO IMPACT OF BAIL OF ANYBODY BECOUSE SECTION 406 IS NOT A HIGHER SECTION THEN SECTION 498-A.SO NEED NOT TO BE HAVE ANY TENTION.

Raj Kumar Makkad (Expert) 05 January 2011
If any new section has been inserted under the same charge-sheet under which an accused is already on regular bail, need no fresh bail and court shall now frame charge on the bases of material on file and police has nothing to do now in the case except to come in evidence when called by court. No recovery shall take place at this stage when investigation has finished.

Guest (Querist) 05 January 2011
My parents are not on regular Bail but of stay of arrest from HC so I was asking when they appear on the date of Summons will it be difficult to secure regular bail from trial court.

Amit Minocha (Expert) 06 January 2011
the Court can frame or amend the charge even if it is not in the FIR. Since you are already on bail so need not worry much. your counsel can argue on charge at the time of framing by the Court. Further the contents of FIR can also assist in getting the said charge dropped / argued.

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