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Section 406 IPC

My wife filed a 498A case against me and my family members for which I was released on bail. Now she is filing a 406case against us in the police station.

I want to know If why this is being filed seperately as normally 406 is filed with the 498A case...is there a different strategy they would be having in doing so.

what is the procedure followed by police when investigating sec 406 case can a arrest be made or else can the premises be searched or lockers searched. For search will the police require orders from the court?

I am bit concerned If arrest can be made or not...If so what is the available solution to safeguard ourself. Please help with the answers.

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3 Replies

Devesh A. Bhatia (Advocate) 01 August 2010

Mithilesh Ji,

The strategy behind filing a 406 is that your wife knew that she had a weak case in 498a and you may get bail on that. Now by filing a separate 406 they want to harass you in 2 cases separately. 406 is non bailable offence and Police can search your premises after obtaining a warrant. I am assuming she has filed 406 regarding her stridhan and other jewelry?

You may be able to apply for an anticipatory bail citing your wife's previous reports and threats given to you.

S.B _Kolkata (Service) 01 August 2010

Section 406. Punishment for criminal breach of trust

Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

sharmilla ram (general manager) 01 August 2010

is there any time limit filling 406 case.can wife file 406 after 4yrs of 498a case.coz 498a case trail is on.her witness has been over only one witness from her side remain than police. and from our side witness is remain.