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red corner notice for a chargesheet filed under 420 and 417


Dear experts,

--> Is there a way RCN can be given for a chargesheet filed under 417 and 420. 

--> Its a case based on relation based on false promise of marriage. Trial is yet to start. Chargesheet filed. I do not think these cases fall under 420. I do not know why this section is used here in chargesheet. Can this section be taken off the chargesheet? What is the Procedure to be followed?

A1 is not in india and doing job abroad. I have googled for list of people for whom RCN is given. looks like the list from Andhrapradesh has 498 offenders also with slightly modified sections just to accomodate RCN.

--> Even if RCN is given on someone's name, is it something like they should not travel in International airports !! or no domestic airports at all in any country.!!!?

--> We are planning to get stay from HC... But if thats not possible,... Is it possible to contest the case not coming to India, since A1 is on job assignemnt and willing to return to india after the assignment is done. If yes, what is the procedure that has to be followed. 

--> False promise of marriage is not crime in any countries, its a civil matter. Can someone be extradited because of this false case accusations. 

 

Thanks,

 
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Senior Partner

@ Author,

 

1. Yes, it can be issued. 'cidap' has several issued over period of time and several PDF files as in 'RCN list with pictures' are now-a-days in public domain.

 

2. In India it is 'very' easy to 'file' a criminal case. Whether charges sustain or not only after 'incardination r/w social stigma' one finds out. If reason for not opting in for marriage were conveyed to them, then yes, charges should drop-out eventually, but, over period of time not overnight just because you are agitating here ! Agitate with facts before judicial forum.

 

3. Stay on case will be handy work of a seasoned Sr. Criminal Advocate that your side may hire - might have already hired. Cannot predict the outcome now just because a case is pending adjudication before Hon’ble HC from your side. Check on 'video conference' availability at the District Court under which Magistrate Court falls where 'case is filed' and one can seek 'permission' to depose via 'video conference' route via allowing an Application for the same which is allowed in accordance of Law in criminal cases of such nature.

 

4. When an Indian girl says 'no to marriage' in 'similar situation' then she is treated by society differently and there the 'boy' is seen as some impotent or goon element but that is how society peddles its vices seeing which gender is in nearest sight :-) If a boy slips on road ridding a cycle no passer buy comes easily to help him stand, but, behold, when a girl slips on road ridding cycle whole neighbourhood closes shops and jumps nearest to her fall to raise her to her own feet ! Is it chivalry or bias I leave to readers best judgment. Bottom line, here in India it is treated as 'crime' using criminal laws r/w moods of father -in - law, further influenced by moods and fancies of girl who is not courting another suitable match since her father is already influenced family to 'teach' the boy 'a lesson' so what Law can do other than 'proceed on trial'. Same society forgets - slips to fathom how meanwhile the girl will be getting married to another suitor. It is only in India a girl whose 'marriage is not performed' with same boy then she 'never ever’ gets another man in her life! It is only in India a 'divorcee' wife is 'never ever' seems to get re-married! It is only in India a 'educated - working wife' just as soon a family law civil case is filed 'becomes un-employed' and seeks maintenance as she is said by society she will 'never ever' get job being able bodied! Likewise there are so many associated 'only in India fundas' so let us not talk of them in 'Xpedia' fashion here, instead you concentrate on removing RCN in accordance with Law and based on already set precedents which are available in public domain by researching about them.


5. If it helps then my firm opinion is that it is not a crime to say no to a 'marriage' bze both boy's and girl's "reputation" is damaged bze of Asian Cultures and if 'intention conveyed to other side' and they were socially acceptable intentions such as; wants more time to make a firm yes; wants more time to do advance study and not now; wants to get a job first then; will think about marriage once come back from overseas - from out station; have plans to go overseas as company hinting to send me for the same; as soon as join new job company sends me to overseas which earlier (policy) was not known to me etc. etc. Fine tune your counter argument which should be socially acceptable as 'rejecting marriage' is now-a-days both boys and girls rights and for the same 'neither gender' should be encouraged to file criminal case or a case for damages and if either filed and proceeded for trial then it means 'judiciary is playing role of bias' and leaning heavily on subscribing to 'reputation of  girl' and 'saying to society there is 'no reputation of boys' principals and this very bias is against principals of 'neutral justice' no matter her side will always shout about 'patriarchal' set up in India. If it is so patriarchal then we do hear cases (news) of 'girls' also saying 'no' to marriage that itself means India is not totally patriarchal and thus such cases should fall at admission stage itself instead of judiciary sitting on it and encouraging such social customs to develop further when no law is there or further amend S. 498a IPC and add a 'b' and make it S. 498ab IPC where 'saying no' means S. 498ab IPC attracts is my prudent view.   Then what will happen is the moment a girl is shown to a boy he has to say only YES be it even against his will. Can such draconian social views to be postured, think aloud now...........

 

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Thank you very much Sir for a detailed explanation. 

 
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Advocate

A mere breach of promise will not constitute false promise for marriage until there had been a physical relationship based on the promise of marriage and not kept the promise thereafter. In such event section 417 of IPC can be invoked.  I have to respectfully disagree to some of the views of Mr. TajobsIndia on the gender biased issues.  A male cannot opt to escape the clutches of law by doing everything on the promise of marriage and then refuse to marry her.  It is ridiculous to support such cheats.  If the court has decided to issue RCN to such absconders, one has to find a legal way to come out if it instead of doing a postmortem on this that how could they do this and all.

to the querist, first find out if there is any RCN pending against him, if yes, you may follow the suggestions made by Mr. TajobsIndia to get him out of his crisis.  Take the help of a prudent lawyer in the local and go ahead as per his further advise.

 
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@KalaiSelvan Sir: 

I guess, Mr. TajobsIndia did not support cheats .. he meant it in a way that one might not keep up the promise for some reasons. 

At-least in my friends case, the story was completely made up. Promise was never made. But again, one has to go through all the ordeal for trial and waste valuable years of life. Unscrupulous women are taking advantage of our society, that gives utmost importance to women. Anger is justifiable for these kind of immoral people. 

Anyhow, coming to the the query, 

RCN has not been issued yet. But police told us that they will issue a RCN. Good that india treats accused in this kind of cases par with terrorists, drug trafficking people, murderers, Money launderers what not.. 

We are planning to get stay on proceedings, Hopefully that should prevent police from issuing RCN ... How long will the stay be given usually??

 
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