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kiran   16 February 2015

Filing 354 case urgent

Dear All,


I am a victim of section 354 (outraging the modesty of the woman) however I was not ready to disclose it outside. Now I found some courage to disclose it outside and prosecute the culprits. 


The incident happened during October 2014 when my brother's father-in-law visited Chennai. My brother's father-in-law tried to mis-behave with me and and touched me in inappropriate ways. I took all my courage and posting the topic here. I need some guidance on how to proceed further legally. 


Should I file an FIR first and later approach a lawyer to file the case? 


Is there any time frame within which the incident must be reported to police. Since the similar incident happened couple of months back and the culprit that time was my brother's brother-in-law. 


What proof I have to submit while filing the FIR? Is this section comes with NB warrant. 


 9 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     16 February 2015

Dear, You can approach the nearest police stations and file the fir. . Initially no evidence will be required for FIR .... But yes evidence could be required for trail and chargesheet purposes ...... Kapil Chandna Adv 9899011450

kiran   17 February 2015

Within how many days the chargesheet will be filed?


How can I produce the evidence in this case? I am the witness for the crime happened. No one else knew since this happened in the home. I tried for help but my brother's father-in-law threatened me that If I scream for help he will put false dowry case against my brother and family and put the whole family in jail. 


How to pursue in this case? 

Kapil Chandna (Lawyer at Supreme Court of India)     17 February 2015

Dear,, In these such cases generally the victim is the witness to the case, but you cannot be just sitting on the basis of the threat given by that .... Or you can play smart by making sure that you record some evidences of the threat given so that in case anything wrong happens, you can use the sane for safer side..... Chargesheet is filed with like 3months or sometime .... Kapil Chandna Adv 9899011450

rajkiran (lawyer)     17 February 2015


               in your case if your brother's father in law threatened you so you can additionally include charge for the same under section 506 of indian penal code along with 354. in the trail your testimony will be of a supreme importance and you will have to remain very stiff for the statements which you will give in FIR and in the courts of law in chief examination .slight difference in your testimonies for the incidence will bend your case against you. but yes you will have to put  evidences in the courts of law for winning your case not for filing FIR.


                 Adv. raj 


rajkiran (lawyer)     17 February 2015

dont think about the filing of chargesheet since it takes time and its upon investigation officer in how much time they complete their investigation.

T. Kalaiselvan, Advocate (Advocate)     19 February 2015

I dont know if what you tell is fact or trying to take advise clandestinely to threaten yur brother's father in law  owing to the ongoing matrimonial disputes between him and his wife. If you can post this mater in a public forum like this, you could have taken the help of your brother itself long back when the incidence took place hence your contention is under cloud.  However, you may take the assistance of a lawyer in the local and lodge a complaint with All Women Police Station in your locality and escalate the mater with the higher police officials if you do not get proper response in the local police.

1 Like

Biswanath Roy (Advocate)     20 February 2015

Matured and correct observation of Learned Advocate Mr. Kalaiselvan which deserves appreciation.

T. Kalaiselvan, Advocate (Advocate)     21 February 2015

Respected Roy Sir,


I am blessed with your appreciations, thank you very much sir,

with regards - remain.

CompelledToLearnLaw (Financial Examiner)     21 February 2015

I too agree with Advocate T. Kalaiselvan's opinion which I'm sure is based on his experience, not biases. While there is a one percent or so chance that the author may be telling the truth, I would bet my money that she is seeking advice on how to file a counter case on the 498a-filing-family.


Kiran, I will advice u even though u may be the brother himself pretending to be ur sister: never file a criminal case first even if the inlaws r threatening 498a. If 498a is already filed on u guys: try to file true cases. I mean find something illegal that ur brother's 498a-inlaws r doing and build a case on that. A false case should be the last option because of it’s traps. If it could be clearly proven that the case/FIR is false, u guys will face the ire of IPC 186 and 211. U would also attract a lot of other sections involving perjury etc. A false case needs to be planned carefully with keeping in mind the call records, mobile tower locations of everyone involved on the day of the incident etc. By keeping in mind how intelligent ur witnesses will be: once I was using another person’s dental insurance and on the dentist's register I signed my own name with my own address; the assistant said, “uhhh, the insurance is not under ur name.” So u see a lie has so many weaknesses. Can u trust ur false witnesses? Because once my own sister, out of anger, reported us to the car insurance company about a benign fraud.


If I were u and a false-498a has already been filed on me, I might go ahead and file a false case knowing full well the potential backlash from it. When a person is cornered and their life is on the verge of destruction by the incompetent justice system of this country, they may not have any other choice but to become a chamaeleon and act in the same colours as the enemy. Once u start injecting the same venom into the enemy that was injected into u, ur enemy will most likely call for truce.(This is never a guarantee)

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