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can ab be taken in 506


Dearv  All

Plz advise if AB cab be taken in 506?

 
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Lawyer

S.506 is a bailable offence, the court will not entertain AB for this offence.

 
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Law Consultant

@Aatif

 

Yes. 506IPC (I), criminal intimidation, is certainly a bailable so applying AB doesnt seem to be apt as even otherwise, police shall be obliged to release you immediately.

 

However 506IPC (II), threatening for life, is non-bailable. So AB applies here. But if there are no other sections along with 506, then AB would be very easy.

 

//peace

/Saurabh.V

 
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as a rule ac can be taken in respect of any offences which are non bailable. As about u r querry , you have not specified properly in respect of which part of section 506 u have querry.

if it is related to part I, then it being bailable ab cannot be obtained.

But as stated earlier in part II AB can be obtained.

 
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as a rule ac can be taken in respect of any offences which are non bailable. As about u r querry , you have not specified properly in respect of which part of section 506 u have querry.

if it is related to part I, then it being bailable ab cannot be obtained.

But as stated earlier in part II AB can be obtained.

 
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Dear All thanks for the replies. Actually my wife has filed a case against me and the counselling is going on in CAW. RAther trying to compromise she is thretning me to send jail and she's trying all tick and tacks to send me jail. I have an intution that she will now file Domestic violence against me. She was telling me herself that her parents her helped her getting a fraud medical certifcate that i have beaten her and tried to kill her. I would really oblige if honorble members can reply my hereunder mention queries.

 

  • I dont know what is 506 (I) and what is 506(II) Please explain what will she file against me 506 (I) or 506(II) ?
  • Is 494ipc  is valid for muslims?
  • Is second marriage (bigamy) an offence for muslimsin Indian Law?
  • If the case will be filed under 498 or Domestic voilence will i be arrested instantly or will be getting time for my bail?
  •  
 
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I am really amazed that no memner has shown even interest to put there precious comments. Am i really in a forum??

 
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Law Consultant

@Aatif

 

Firstly, I understand your urgency as being under constant threat. However, I suggest you to be little patient. The difference of time betweeb above two of your posts is hardly over one hour, and you are blaming members? That's not fair!

 

Anyways. Here are your replies:

 

506(I) - When only a threat is given of dire consequences and to hurt. This is bailable and this is not your case.

506(II) - When threat is given to take away your life. This is non-bailable and this is again not your case.

 

Your case falls under 498A. However, if the complainant states in her complaint that you threatened her of taking her life then this section would be slapped.

 

Now, you original concern should be 498A and DV Act not 506(II). Though, in Delhi, now there is a stay on arrest in such cases, and police cannot arrest you directly but upon taking approval from concerned DCP, arrests can be made.

 

494IPC does not apply to Muslim as they are permitted multiple marriages by their personal law. However, second marriage by any Muslim is treated as a cruelity against the first wife and it creates a ground for divorce.

 

I hope your senses are satiated. I suggest you appoint an experienced lawyer who can get your case settled than to drag you to the court.

 

//peace

/Saurabh.V


Total likes : 1 times

 
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Dear Saurav

 My marriage was a love marriage and i haven't took any dowry. Even i have proofs that all the household items in my home are actually purchesd by me and not given by any one. i would really oblige if you can advise me on these points.

  • when i alreday have proofs that all the house holds are actually purchased by me can the dowry act be quashed by CAW itself in CAW or its mandate for a case to be filed in Court.
  • on what ground she can proof that i was indulged in DV and what consiquences can happen. Can i get a stay on arrest and will i get a notice before arrest or i will be suddenly arrested (which i really don't want to be )
 
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