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lawyersopinion (engineer)     02 April 2013

Missed police verification

Did not submit police verification form on day 1. Police threatening over the phone with consequences of section 188 and paying the fine. I am ready now with the papers. What is the right course of action according to you all? Any suugestions appreciated.


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 6 Replies

lawyersopinion (engineer)     02 April 2013

By verification I mean tenant verification. I am the owner in this case

Sudhir Kumar, Advocate (Advocate)     02 April 2013

section 188 of what

Sudhir Kumar, Advocate (Advocate)     02 April 2013

S/188 of IPC is as under :-

 

Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,

shall, if such disobedience causes to tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance of injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation

It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

Illustration

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Simple imprisonment for 1 month, or fine of 200 rupees, or both—Cognizable—Bailable—Triable by any Magis­trate—Non-compoundable.

Para II

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

lawyersopinion (engineer)     02 April 2013

He did not mention that. I presume he meant it as crpc.

Sudhir Kumar, Advocate (Advocate)     03 April 2013

then read S/188 Cr PC:-

 

When an offence is committed outside India-

(a) By a citizen of India, whether on the high seas or elsewhere; or

(b) By a person, not being such citizen, on any ship or aircraft registered in India.

He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

lawyersopinion (engineer)     03 April 2013

Thanks for your response.

Does this imply that the cop is taking me for a ride?


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