Urgent
keshav@1990
(Querist) 16 August 2013
This query is : Resolved
Sir my Father in law complained about me on the basis of sms and mobile call records in police station police is saying I can be booked under IPC 509 can they book me under IPC 509 as no woman is involved here if so how to tackle it sir need urgent help thanks forgot to divorce case is also pending
Devajyoti Barman
(Expert) 17 August 2013
Who are you and how father in law is involved here?
In absence of woman section 509 is not attracted.
Guest
(Expert) 17 August 2013
Depends upon the language and nature of text of SMS you sent.
The question arises, if no woman is involved, whom you made the SMS and call through your mobile? Who is the owner of that mobile on which you made calls and sent SMS?
Sudhir Kumar, Advocate
(Expert) 17 August 2013
read section 509
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, 1[shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.]
Sudhir Kumar, Advocate
(Expert) 17 August 2013
"gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman"
please note
"or intrudes upon the privacy"
So clear that presence of woman is not necessary as long as your words are intruding into privacy.
Sudhir Kumar, Advocate
(Expert) 17 August 2013
Had your query not been vague better interpretation could be there. Unfortunately you have not disclosed vital facts.
V R SHROFF
(Expert) 17 August 2013
whom did u sent sms/ call is important.
u r hiding vital details/ facts necessary to reply u.
prabhakar singh
(Expert) 17 August 2013
You have told all that your father in law did.
But not telling all that you did then how to tell what to do?
Devajyoti Barman
(Expert) 17 August 2013
The silence of the author is deafening.
Rajendra K Goyal
(Expert) 17 August 2013
The information sought by the experts is necessary for proper guidance and advise, come out with full facts so that urgent advise can be given as required by you.
keshav@1990
(Querist) 18 August 2013
Sir smses contains that my wife is having affair to another man which she had told me when we are together no vulgar words. sorry for late reply
prabhakar singh
(Expert) 18 August 2013
Then I don't think it would be an offence under 509 I.P.C. by a husband who simply repeated an admission of adultery of his wife either to her or maybe to anyone else.
Let others too speak as i lack practice in the field of criminal law.
keshav@1990
(Querist) 18 August 2013
What I can do to save my self
Guest
(Expert) 18 August 2013
As per his chat with me a day before, in support of his message to his father-in-law, he did not have any proof of his wife's affairs with another man. In other words, his father-in-law might have treated his message, as a wild allegation without any proof against his daughter.
Sudhir Kumar, Advocate
(Expert) 18 August 2013
either you give full facts of the matter including content and context of the message so that meaningful advise can be given
or else
be happy with the incomplete advise based on incomplete facts
Raj Kumar Makkad
(Expert) 18 August 2013
There is no offence under section 50 in the given facts.
Raj Kumar Makkad
(Expert) 18 August 2013
The possibility of providing the incomplete facts cannot be ruled oout on the part of author but whatever told subsequently should only become base for our replies.
