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punishment of criminal breach of promise pretext of marriage


What is the Punishment of 376, Atrocities and 417 ipc sections. Can we get anticipating bail or regular bail? If yes , within how many days we can get ? Can family will be involved if it is sc st Atrocities case ?
 
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Advocate

Engaging in any of the physical acts (as enumerated u/s 375 IPC) with a woman on the false promise of marriage amounts to rape, as has been reaffirmed by several SC judgements. Punishment for rape is rigorous imprisonment for a term not less than 7 years, and which shall extend to life, along with fine. Punishment for cheating, on the other hand, is imprisonment for a year or fine. Had any of the aforesaid offences been punishable with imprisonment for a term not less than 10 years, one would have been subjected to imprisonment for life by virtue of Section 3(2)(v) of the SC and St (Prevention of atrocities) act, but that does not seem to be the case here.
 
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Advocate

You can apply for anticipatory bail at the Sessions Court if you have reason to be believe that the victim in question is likely to file an F.I.R. or a criminal complaint against you. The sooner the better. The offence of rape in question being cognizable, you may be arrested without a magistrate's warrant if you do not seek anticipatory bail through the assistance of an advocate. The court needs to ensure several conditions namely, you must not be a repeat offender, you're not likely to abscond etc before granting anticipatory bail etc, and an advocate who's even acquainted with simply the basics of law and can show up on hearings is likely to present your case well so you can seek bail on a timely basis.

Regular bail, on the other hand, can be sought once you have already been arrested. If the complainant has also included family members in her FIR/criminal complaint, they may be apprehended likewise, depending on the nature of their crimes.
 
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How can we compromise for marriage?
 
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Dy Director

Originally posted by : Lilly
How can we compromise for marriage?

 

 

By falling on the feet of the girl.

 
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Dy Director

new thread

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=203495&offset=1

 
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