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Ayan Mandal   21 January 2021

love Affair

A Friend Of Mine Loves a Girl, That Girl Also Loves Him Since one Year , But Their Parents Are Against Both Of Them , They Are Threatening My Friend That They Will File a Harassment Case Against My Friend In That Case What Legal Action Can My Friend Take ! Please Help


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 1 Replies

Vedanth sharma (Nil)     22 January 2021

Hello,

Kindly collect enough evidence to prove the hostility of the parents against this couple, so when the person is falsely accused of harassment, you can file a countersuit as per section 209 of the IPC which is concerned with maliciously accusing someone of something which they aren’t guilty of.

Section 209 of the Indian Penal Code makes dishonestly making a false claim in a Court as an offence punishable with imprisonment upto two years and fine.

The essential ingredients of an offence under Section 209 are:

  1. The accused made a claim;
  2. The claim was made in a Court of Justice;
  3. The claim was false, either wholly or in part;
  4. That the accused knew that the claim was false; and
  5. The claim was made fraudulently, dishonestly, or with intent to injure or to annoy any person.

A litigant makes a 'claim' before a Court of Justice for the purpose of Section 209 when he seeks certain relief or remedies from the Court and a 'claim' for relief necessarily impasses the ground for obtaining that relief.

This is possible when you have enough evidence to establish motive and cause. So start collecting evidence in different forms to prove that they’ll go to any extent to jeopardize your friend’s life. 
Also I urge you to hire a practising prudent advocate as soon as possible and  discuss the situation with him in detail for a wider perspective on the matter. Also kindly ask your friend be very alert because they might be trying collect evidence too and anything you say can be later used to strong arm you at a later stage.

Thank you

 

 


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