Readers,
I saw this post on this forum and answered that person in detail. A RARE BUT VERY VERY VERY IMPORTANT TOPIC.
' RAPE BY ADVOCATE '.
Here is the link to that person's query.
Discussion > Criminal Law > Criminal complaint against an advocate
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As usual, my response is in detail. It might help you as well, atleast to improve upon your general knowledge in such serious matters.
I am presenting the same here again. Lengthy post, but helpful.
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I HOPE THIS QUESTION IS NOT POSED BY AN ADVOCATE WHO IS SLOWLY TRAPPING A WOMAN AND FORCING HER INTO A DIVORCE SO THAT YOU CAN HAVE YOUR SEXUAL FANTASIES SATISFIED. IF THAT IS THE CASE, YOU ARE PLAYING WITH FIRE.
I HOPE THIS IS NOT A CURIOUS MIND-GAME-ADDICT who got this doubt and seeks an answer on this forum.
THE TOPIC YOU HAVE RAISED IS A VERY SERIOUS ONE AND THAT TOO IN TODAY'S INDIA, ESPECIALLY AFTER THE NIRBHAYA CASE.
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BUT, IF THIS IS GENUINELY A WOMAN SEEKING LEGAL INSIGHT, then here it is.
Complete these activities, step by step.
FIRST, RECORD THE ADVOCATE's CONVERSATION.
VISIT THE ADVOCATE, EITHER ON A SUNDAY AFTERNOON ( Time your visit Between 11:45 to 12:00 noon.
By around 1:30 P.M. on Sundays, Advocates wish to be at home eating home food, especially the week-end non-vegetarian dish or even a plain home-made vegetarian dish.
Sunday noon lunch at Home.
This is their Policy. So, after 12:30, their irritation and anger levels shoot up, especially so since the farmers who visit mainly on Sundays, stay back for long time periods and then shell out some money as fee.
This delays the advocate's lunch too.
Sundays- 2:45 to 5:30 P.M. is SLEEP TIME or REST hour or LEISURE time for the advocates. They will NOT answer the phone even if it the President of USA calling them. )
OR
Visit the Advocate BETWEEN 4:30 to 6:30 P.M. on the week-days, since this would be after court hours and these time slots see the advocate in a relaxed state of mind.
when he is in a relaxed state of mind, he will reveal his true character willfully since any person loves his own identity.
On week-days, avoid meeting the advocate after 9 P.M. He will be in a mood to rush home.
On any day, avoid speaking to the criminal advocate after 10 P.M.
Some convicts / People arrested and remanded to judicial custody, speak from within the Jail Premises and enquire about bail application and the result. They argue with him about the delay,...etc. So, tempers run high.
The relatives of the convicts / People arrested and remanded to judicial custody, too would prefer to speak to the advocates after 9:30 P.M.
So, avoid these HIGH-VOLTAGE timings < After 9 P.M. >
Although this rule does not apply to all advocates, I have observed this pattern in many advocates.
Now, about the criminal rapist advocate. Record the conversation. HAVE A PEN-CAMERA.
I SUGGEST THE PEN-CAMERA EVEN TO CRIMINAL ADVOCATES SINCE SOME POLITICIANS ARE TOO DIRTY TO BE SPARED AND THE ADVOCATES THEMSELVES HAVE TO BE CAREFUL.
YOU CAN HAVE A PEN CAMERA TO VIDEO-CAPTURE THIS SEXIST ADVOCATE's MOVES.
This EVIDENCE is the FIRST and FOREMOST you must gather.
EVEN IF HE RAPES YOU, you must GET A MEDICAL REPORT BEFORE YOU PASS URINE OR STOOLS SINCE WITH the passage of URINE OR STOOLS, THE EVIDENCE BECOMES DIFFICULT.
IN A 376 C, YOU CANNOT ASK THE COURT TO RELY ON CIRCUMSTANTIAL EVIDENCE alone.
You need to present DIRECT EVIDENCE.
1) Now, after the evidence part, visit the Government mental health centre / hospital in your city, fix an appointment with a counsellor and discuss this issue and your tensed state of mind ( Getting into frequent DEPRESSION due to that EMOTIONAL BLACKMAIL ) by that advocate and obtain a certificate from the hospital with that counsellor / psychologist/ psychiatrist certifying your DEPRESSION as the illness and the medicines prescribed to that effect. HISTORY OF CONSULTATION is very important a document you must seek from the hospital. That SHEET is the ONLY SHEET that will CLEARLY MENTION THE REASON for your consulting the counsellor/ psychologist/ psychiatrist. This is the Most Important Sheet that you must maintain throughout the case.
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Remember to have all documents of your bank statements, property,...etc FINANCIAL STRENGTH intact, in order to prove that you have no necessity to derive illegal gains by attempting to falsely implicate the advocate.
WHEN YOU FIGHT ADVOCATES, POLICE, DOCTORS, POLITICIANS, SENIOR PROFESSIONALS FROM ANY INDUSTRY and the BUSINESSMEN YOU REALLY NEED TO TAKE HUGE STEPS AND THAT IS POSSIBLE ONLY IF YOU ARE A GENUINE VICTIM.
IF YOU ATTEMPT TO FIGHT WITH WEAK PUNCHES AND BLOWS, you will JUST FALL FLAT AND WITH SERIOUS INJURY AND DAMAGE.
IF YOU DO NOT HAVE ANY EVIDENCE, IF YOU DO NOT KNOW THE ART OF INTELLECTUAL BOXING AND IF YOU DO NOT POSSESS SUSTAINED STAMINA, DO NOT FIGHT AN ADVOCATE.
To you, courts are a once-in-a-life-time and that too only if it cannot be avoided.
But to the advocate, it is a daily work-place.
So, at leisure he can ensure that you are made to frequent the court where he can play a good boxing round with you.
They have not spared even the commissioner of police, the IAS officers, the ministers,..etc.
There are instances where even these high ranking people have been made to come to the court and harassed by the advocates.
So, develop courage first. Never forget that you are the VICTIM.
This is very important. NEVER FORGET that you are the VICTIM. That is what keeps your courage and energy as a continous flow of energy filled confidence and courage.
ESPECIALLY CRIMINAL MATTERS, fight it well and with courage and wisdom, SINCE THE GUTTER CAN BE VERY DEEP AND EXCEPT FOR FEW HIGHLY INTELLIGENT INDIVIDUALS AND CRIMINAL ADVOCATES, MANY ADVOCATES THEMSELVES AVOID GETTING CAUGHT IN CRIMINAL MATTERS.
YET, IF YOU WANT TO FIGHT AN ADVOCATE, DO ONE THING.
FIND OUT FROM THE CAUSE-LIST ( AVAILABLE ONLINE FROM THE HIGH COURT WEB-SITE ) OR EVEN WITH THE BENCH-CLERK AT THE COURT, FIND OUT FROM THE CAUSE-LIST THE CASES FOUGHT BY THAT ADVOCATE IN THE PAST FEW MONTHS, WHO HIS OPPONENT ADVOCATE HAS BEEN AND MAINLY THE CASE WHERE THE ADVOCATE HAS LOST.
THAT CASE WHERE THE ADVOCATE HAS LOST, THAT OPPONENT ADVOCATE IS A PERSON WHO WILL BE AWARE OF THE PSYCHOLOGY OF THIS ADVOCATE.
CHECK A MINIMUM OF FIVE TO SIX CASES FOUGHT BY THE SEXUAL MONSTER ADVOCATE AND THE ADVOCATES WHO HAVE DEFEATED HIM.
Hire the services of ONE among those ADVOCATES WHO HAS DEFEATED HIM.
USUALLY ADVOCATES LOVE TO BOX AND DEFEAT THE SAME ADVOCATE MULTIPLE TIMES IF ON AN EARLIER OCASSION THIS ADVOCATE HAS ALREADY BEEN DEFEATED ONCE.
IT IS A PRESTIGE GAME THAT HAPPENS AMONG ADVOCATES. BUT THAT IS A DIFFERENT GAME.
LET ME NOT GIVE YOU THOSE DETAILS. NOT REQUIRED HERE.
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2) Currently, who is the Bar Council Chairman ? Find that from the Office of the Bar. You can just phone and find out. You do not even need to visit the office.
Also, find out the names of the Bar Council Members.
Have this list ready.
3) First, Record your Statement with a FIRST CLASS MAGISTRATE and request him to instruct the police to register an FIR.
With this, the exercise begins.
This is because, it is already a 376 case. So, if you go by yourself to file a police complaint, the police might drive you away saying you are an IMMORAL WOMAN seeking to gain ILLEGAL GAINS by BLACKMAILING that advocate.
That Advocate too can file a criminal defamation charge against you and also attempt to falsely implicate you saying that you are a COMMERCIAL PROSTITUTE and your husband is a PIMP and that both of you have planned to defame the advocate and blackmail him to extract MONEY AND PROPERTY.
Also, if you plainly walk in to the magistrate court without proper LEGAL SAFETY AND SECURITY measures, the MAGISTRATE COURT ADVOCATES might surround you and even assault you verbally and physically. If you know foul language and foul words and have developed a thick skin to those, then you can visit the magistrate court, with some confidence.
You must be psychologically strong and mentally strong too.
On one side, one advocate will be discussing with a criminal with hand-cuffs and the police holding the hand-cuff.
On another side, you can see a rape convict with Gutkha in his mouth and spitting it right next to you and staring at you as if you have done a crime standing next to him and preventing him from spitting freely.
In another court < The jurisdictional police stations across the city, are assigned to different ACMM court halls, with each ACMM court dealing with a certain number of police stations >, you can see an advocate walk out and shout openly that the magistrate has accepted a bribe and hence is delaying the bail.
In short, magistrate court is one place where you can see all sorts of scenes.
Usually, even the advocates of long-standing in the bar, avoid the magistrate court and traffic offence courts as also the consumer courts and hand it over to some junior or some third or even thirtieth advocate in their professional network.
So, it is always advisable to exercise caution when you go to the magistrate court since there have been instances when even the asst.commissioner of police and higher officials have thought twice before deciding to go there to exercise their authority.
The Women's Team of Advocates at the magistrate court are equally energetic to surround you and intimidate you and assault you, both verbally and physically.
So, go legally safe and secure and maintain LOW-PROFILE. Go Silently, record your statement and move away, Silently.
4) In your complaint, be very specific that 376-C is being attempted against you, by that advocate.
376-C is the IPC section. Remember it very well.
Invoked when a person with fiduciary powers attempts a 376 against you.
READ THE IPC AND CrPC AND YOU CAN SEE THE DIFFERENT SECTIONS OF THE IPC and CrPC that cover blackmail, seeking s*xual favours, instigation to commit crime against your husband, criminal conspiracy ( 120B ), breach of trust that you reposed in him as your advocate, illegal gains, etc etc etc.
LIST EACH OF THOSE APPLICABLE SECTIONS in your statement.
I have given the meaning of fiduciary here, for your reference.
- A fiduciary is a person who holds a legal or ethical relationship of trust with one more other parties (person or group of persons).
