Civil Procedure Code (CPC)

accusation of witchcraft and attempt to murder

woman in my village is accused of witchcraft and people mobbed her for lynching and tried to murder her. FIR has been logged in local police station and all accused has got the bail. Still people are threatening her and defaming her.what should be done in this condition.this is the matter of dignity of woman.

Hello sir, greetings of the day.
It is saddening to know that incidents like this are still happening in these times as well. If such an incident happens it is clear violation of the rights of woman and hampering her dignity. After the accused were released at bail, then people have no rights to threaten or defame them. If such an incident happens then the victim can charge the people who are violating her under the following section of Indian laws.
Section 307 of Indian Penal Code defines punishment for attempt to Murder. It states that whoever does any act with such intention or knowledge, that such act can cause death of another, he would be guilty of murder, and shall be punished with imprisonment which may extend to ten years, or shall be liable to fine. If such act causes hurt is caused to any person, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. 
Section 34 of IPC defines common intention. It states that is a criminal act is done by several persons in furtherance of the common intention of all, then each of such persons is liable for that act in the same manner as if it were done by him alone. For any act committed by the mob each person of the mob will be responsible.
Section 141 of IPC this section deals with the unlawful assembly. It states that if an assembly commits any wrong to anyone, they all will come under this unlawful assembly and will be prosecuted with the punishment under section 149 of IPC.
Section 149 of IPC this section states that if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that offence. If there is a common objective of a mob then all of them will be prosecuted.
Section 506 of IPC deals with the punishment of criminal intimidation. It states that whosoever commits the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or both.
Section 500 of IPC gives the punishment for defamation. It states that whoever defames another person shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or both.
Section 354B of IPC criminalises assault or use of criminal force against a woman with the intention of disrobing her. Such an act is punishable with either simple or rigorous imprisonment which may last from 3 to 7 years and a fine.
Hope this solved your query.
Nirali Nayak
Law Student


Dy Director

if she is threatened by accued onbail then she can ap[ply for cancellation o fbail.




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