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Praveen Kumar (Not working)     19 March 2011

Is 211 of IPC can be filed against false 498A

I had a love marriage with a divorce (my 1st marriage). later she deserted me. when i moved RCR she filed 498A, 506, 406, Dowry Act 3 & 4 at CAW Cell. after my research I found that she has filed the same cases against her previous husband & withdrew after taking money. when i submitted all this at CAW cell, she filed that she does not want to continue her  complaint and CAW Cell closed the case.

Can I file 211 & 511? what all other cases i can file?



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 6 Replies

Legal Fighter (Advocate)     19 March 2011

No.

Praveen Kumar (Not working)     19 March 2011

why?

ADV Rajesh KASRIJA (ADVOCATE)     19 March 2011

 

Please read both section

211.  False charge of offence made with intent to injure—Whoever, with intent to cause injury to any person institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be  punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards shall be punishable with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

511.  Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment—Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any descripttion provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Illustrations

 (a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

 (b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in consequence of Z's having nothing in his pocket. A is guilty under this section.

1 Like

Hardik Mehta (Family Counsellor)     22 March 2011

Not in CAW cell since this is the pre FIR stage and if the FIR is filed then only you can file the case. However, you can take the copy of the complain and your evidences with you for your future use.

a.b.natraj (inicitar)     28 January 2012

weather section 211 ipc can impose by court after the proceedings or during the proceedings ?. supposed after my acquittal i can impose this section what is the time limit?


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