Jay 29 July 2016

Illegal arrest threat

We wife left me on her will around 6 months back. Now, my Brother in law is threatening me and telling me to give 50 lakhs or he says that BJP Head of his area is his childhood friend and he will send me to jail in any big fake case.

I suspect that it may not be a fake matrimonial case as 498 has lost its teeth. But it could be any other fake case (god knows what is going in their mind).

I have not done anything wrong in life. so i m not worried abt it. but i want to ask to all of you that Is Jail Open for all, just bribe police and send anybody to jail. is that the way our country works?

Please tell me how should i save my self in case police comes to take me illegally even though i have not done anything wrong and all the allegations of my wife are fake. They talk through middlemens. so it is difficult to recors and show it as proof in court.

Can anybody tell which are the easiest fake cases to send anybody to jail. So i can prepare myself or what are the normal target cases of such people?

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7 Replies

Kumar Doab (FIN) 29 July 2016

First thinf first; Record all threas (audio/visual/witnessed/minuted).

Retain a very able counsel to defend your interest and counsel you.

saravanan s (legal advisor) 29 July 2016

yes record the threats issued by your bil.also make an nc in the police station that your wife might file false case over you

(Guest)

You have been rightly guided. Have an able experience counsel to guide you. And do save evidence. You may also file a complaint against your brother in law that he has been threatening you with false cases and demanding money. It is always better to be proactive.

Regards,

Rit Arora

Advocate

7838737001

Sudhir Kumar, Advocate (Advocate) 31 July 2016

"I suspect that it may not be a fake matrimonial case as 498 has lost its teeth. "

who told you this that it is no more a crime.

Sudhir Kumar, Advocate (Advocate) 31 July 2016

try amicable soplution. Given facts do not indicate your case to be dead end case.

why has she left?

Vibha 03 August 2016

File a NC complaint in nearest police station regarding such threats. Being proactive is good and will help you later.
Record threats even if they are made via middlemen.
IPC has lot of sections and false cases can be made under any of them. There is little to no consequences for filing false cases. This is cold hard fact.
In husband and wife disputes, 498a/406 are usual suspects. You have been rightly advised that these have lost teeth in recent times. Mere allegations without evidence in these cases is not leading to adverse effects in major cities these days.
There was a trend of wives alleging unnatural s*x to bring in IPC 377. This trend is dying slowly, nobody is entertaining such allegations from wife without medical evidence.
More disturbing new trend includes molestation and rape allegations against father-in-law, brothers of husband or any NRI relative. These kind of allegations can cause lot of harassment and trouble to husband's family. There is still some stigma and shame left in society about making such allegations, but this is kalyug and many women are not feeling very shy about falsely alleging such things.
There is nothing you can do to prepare yourself for these type of cases or to premptively protect yourself. Find a good able lawyer to help manage the situation as it evolves. Justice system in India has LOT of problems but it is not totally rotten (atleast not yet). A good lawyer will make sure that you do not face arrests without proper investigation and due process.
As you must be well aware that "due process" in Indian courts is a very long and slow road .... which often leads nowhere.
There is a lot of wisdom in the words of Mr. Sudhir Kumar. If I was in your shoes, I would do everything in my power to reach some amicable solution with the wife.