bail

SAJAN ANTONY N. (Querist) 16 February 2010 This query is : Resolved
A elopes with his girl friend. A used B's sim card to call the girl. now B is under the police custody. what are the remedies available to B. UNDER WHICH ACT THE OFFENCE COME. here B is the injured. so pls think for B

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A V Vishal (Expert) 16 February 2010
What is the age of the boy and girl who have eloped?

If one or both are minors then it becomes abduction or kidnap and B can be said to abet the offence, if both are majors then it does not amount to abduction or kidnap. My opinion is based on the fact that in elopement one party WILLINGLY goes with the other without coercion or force.

Parveen Kr. Aggarwal (Expert) 16 February 2010
Under which sections FIR has been registered by the police and what are the allegations in the FIR and against whom. In the absence of complete facts, it is very difficult to form any opinion.

B K Raghavendra Rao (Expert) 16 February 2010
If B had permitted A to use his sim card, nothing could be done about it. However, if A had unauthorisedly used B's sim, B is at liberty to file a complaint with the police depending upon the circumstances: a) theft b)misuse c)criminal breath of trust etc. All these are under Indian Penal Code.

adv. rajeev ( rajoo ) (Expert) 17 February 2010
File a bail application, without the secions IPC charged on the accused it can be advised you clealy to file a bail application

Raj Kumar Makkad (Expert) 17 February 2010
I advise to pos entire facts of the case so that definite opinion may be given otherwise we all experts are freely batting here without caring for the ball.