Anticipating ipc 497 case


Dear experts, 

I got news recently that a case might be charged against me under IPC 497. I am married with a child, and I am a government employee.

The woman's husband might have recorded telephone conversations, whatsapp messages, and perhaps a confession from her, but not likely to have any other substantial evidence. Recently, I have had no communication whatsoever with the woman.

My questions:

  1. I have read that offences under IPC 497 are bailable and compoundable. If my news is true, how will the process start now, and what are the steps I should take to defend myself effectively? No one has contacted me in the two weeks since I got the information.
  2. Should I expect a call from the police, or a summons from the court? If yes, should I apply for anticipatory bail?
  3. How is this going to affect my government career? Is it true that a government employee is under 'deemed suspension' the moment a court summons is issued?
  4. Can trial be avoided? If it goes to trial, how long would such a case last, and chances of conviction?

I am very anxious, for if this news is true, it will affect my family and my career.

Hoping for some advise from the experts 

 

 
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Advocate

 

" I am married with a child, and I am a government employee." Did you not realise this when you were getting involved with wife of another man?

​Anyhow, you're not the only one in the world doing all this many more exists who will be reading this.

​Section 497 IPC is bailable offence, bail is matter of right and there is no arrest taking place so no need for any anticipatory bail. It is non-cognisable offence, hence no role of Police unless the section 497 IPC is attached with provision of IPC which is with regard to cognisable offence. The direct criminal complaint u/s 497 IPC filled with the Judicial Magistrate by the Complainant Husband and summons issued to the accused by the court for appearance only after the pre-summoning evidence is recorded by the complainant in the court and the court is satisfied that the prime facie offence u/s 497 IPC has been committed by the accused.

​The evidence that show the offence of adultery u/s 497 IPC has to be good enough that the complainant can use for complete prosecution of the accused, so mere whatsapp messages, phone call recordings, and recording of the confession by wife may not be good enough for the court to issue summons to the accused. The wife if make statement on oath in the court that she was in physical relationship with another man/accused during her existing marriage can make big difference, not only the court will summon the accused in that case but may even ultimately hold him guilty of the offence u/s 497IPC.

​So the best precaution that has to be taken in such case to prevent the wife with whom you had gala good time should not be going in the court for recording her statement on oath about the physical relationship with you. Apart from these the evidence of eye witnesses to the incidence, video recording duly proved as genuine and valid in the court, record of the place where both parties stayed together for physical relationship, like hotel, motel etc. records of these places and identification by the staff of these places.

​As a government official if the criminal complaint case initiates you will be supposed to inform your department about it, what disciplinary action taken will depend on the rules and regulation of the particular government department. Suspension for the job and half compensatory salary is usual action taken in most case apart from departmental inquiry and punishment.

​The time the criminal complaint case in court may take few years to finalise so for next 5-8 years (trial as well appeal, revision etc.) call it a years off from your job that will give more time with your own wife and child.

 
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Advocate

Going by the facts of your case, you should file an application for anticipatory bail (BA No. ___/20__) before Judicial Magistrate (First Class). Briefly mention relevant facts of your case. Your prayer should contain the fact that in event of arrest, you may be granted bail on paying appropriate pecuniary amounts as decided by JMFC court. Please make it absolutely clear that you will not abscond & will attend all court hearings, otherwise not only will your BA. be rejected, but you may be debarred from applying again for bail. Get it done through your advocate, rather than in person & file an affidavit for the same.

If there is anyhing else I may be able to help you with, please e-mail me the details at: basu_kunal@hotmail.com. I will be more than happy to help you/your lawyer out.

Thanks & regards

Advocate Kaybee

 
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Advocate

@ Mr. Kunal Advocate

Since when the Judicial Magistrate (First Class) started granted Anticiparty bail and under which provision of the Criminal Procedure Code ? For bailable and non-cognisable offences since when the Police started arresting the accused?

Wrong information given by bogus persons should be avoided.


Total likes : 2 times

 
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Advocate

@Mr. Mahajan Advocate

Agreed that my info may be wrong this time. But again, I am not the last lawyer standing on this earth alive, that everyone having legal problems must necessarily come flocking to me. Even Ld. Advocates such as yourself also exist, as has been proven to the contrarysmiley

 
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Dirty world
 
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