Police complainant
Anita Singh
(Querist) 03 September 2011
This query is : Resolved
I am a junior advoate and i am drafting a criminal complaint on behalf of my client against his wife ,his wife left his matrimonial home and living in her paternal home and when my client goes to take her back to matrimonial home her brother in law threaten my client with dire consequences for life and my client wife threaten to my client that if my client asked her to come back to matrimonial home she will commit sucide so please let me know under which section of I.P.C my client wife and her brother in law will liable this complaint I have to file in police station.
Advocate. Arunagiri
(Expert) 03 September 2011
While making a police complaint, you need not refer to any sections of IPC. Just narrate the incident. That is enough. While registering the case, the police will take care of the Sections of IPC.
prabhakar singh
(Expert) 03 September 2011
yes ,Expert : Advocate. Arunagiri is right,by FIR we mean first information report,where one is required to state the incidence as it took place and not to mention law as that is yhe business of police .
Guest
(Expert) 03 September 2011
you just give your written complaint stating all the facts and nothing else. it is the duty of the police to mention the sections in the FIR
Raj Kumar Makkad
(Expert) 03 September 2011
In the given facts, it is advised not to draft any complaint case rather report the matter in writing to police so that it may also become an official record and if need arise so, may be used as a reference.
M/s. Y-not legal services
(Expert) 04 September 2011
Am also agree with experts.. For your kind information if you mentioned any sections mean the police will come to the conclusion that some one advocate only drafted the complaint.
girish shringi
(Expert) 04 September 2011
I do agree with the experts.
My advice do it fast to make solid evidence in favor of client for future.
Arun Kumar Bhagat
(Expert) 04 September 2011
From the given facts, a case under section 506 IPC can only be made. If you register an FIR against brother in law for 506 IPC, then be ready to see all family members of your client implicated in 498A IPC, 12 of DV Act, 125 CR.PC and other sections of IPC. Better you advice your client to settle the matter amicably, You make an application u/s 39 of CR.P.C before the area magistrate narrating the said incident and after filing application get the certified copy of the said application and preserve it with utmost care for using it at the time of defense to fight forthcoming cases which are inevitable at the instance of your client's wife or his in laws. This is the very practical and error-proof advice to be followed.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
Just state the facts in such a manner that it becomes a cognisable offence. Your client is well advised to file for divorce as any delay may attract the idiotic but effective penal provisions like Sec.498A IPC & the DV Act later.
