406

Amit Sharma (Querist) 13 March 2012 This query is : Resolved
Hi

My wife has put 498a, 406, 506 etc. allegations on me. Enquiry is going on with SP in Punjab State.

I am able to defend the other cases but believe might not able to defend 406 due to unreasonable Streedhan and ornaments claims by my wife.

If same happens and unfortunately i am charged with False 406 then do the police will come and arrest me from my house/office or will issue summons first.

Kindly guide. I know its a bailable charge but my concern is social respect here that whether police will be arresting me or send summons. Thanks

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PARTHA P BORBORA (Expert) 13 March 2012
first of all 406 ipc is non bailable. but if the case is ragistered as a court case, court will issue summons first in general. pl consult with a local criminal lawyer first.

Kiran Kumar (Expert) 13 March 2012
unfortunately there has been some misuse of entire law.

if the articles/ streedhan has been mentioned in exaggerated terms then make proper statements during investigation....let them bring on record the requisite bills and other evidence.

there must be some photographs as well...nowadays even courts understand this aspect, their main thrust will be to ensure either the bail is not granted to you or it is cancelled for want of recovery.

if you have still not sought Anticipatory Bail then try to file the application as soon as possible and simultaneously keep on trying to settle the matter amicably.

Ajay Bansal (Expert) 13 March 2012
As advised above.

Guest (Expert) 13 March 2012
Agree with Shri Kiran Kumar.

Arvind Sehdev (Expert) 13 March 2012
Kiran Sir explained the query to its entirety... But I would also advise you to hire a local lawyer for this. And not fight this on your own....

It is a misuse of law but what can be said... After more than 50 years law thinks that women are still the weaker sex.

What I think is that the Legislature remains in their offices and A/C rooms and doesnot step outside their domain and see how women are behaving...

Shonee Kapoor (Expert) 14 March 2012
Why are you saying you may not be able to defend 406 in this complaint. If the claim is exaggerated let the lady first prove the existence of Streedhan.

You should attend local SIFF meetings/ join http://forum.498a.org/

If the undersigned can be of any assistance, feel free to contact.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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