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sandeep (private )     05 October 2013

Regarding the law of 356

sir, i m having a question that if some body 's  case  of  376 on trail and the accused is in bell,if that person (female) make another complain regarding ipc 356 what is the process of police are they take that person with out  any evidence or first they investigate

plz let me know the whole process



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2013

Dear,

Since both are different offences have been committed at different point of time, so they would be investigated and tried independently.

But for the sake of information, if a new case has been registered then again the bail has to be taken for that particular case.

Advocate Kapil Chandna

9911218741

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

I agree with Kapil Chandna.  The previous offence is rape and the subsequent offence is criminal assault for theft of property.  If there are two different complaints, based on separate inquiries, the police will initiate action separately, thereby taking a separate bail for each is necesssary.

sandeep (private )     06 October 2013

thx for the reply sir

                          today i got news that police just file a complain 354 they  didn't file FIR they told that first they investigate then they will take action . but sir  why this kind of law sir when female said that she get harass so police take complain but when man go to the police asking for the same they didn't take it. actually the female is making false complain cont.... what action can be take again est her ,is there any complain which can they file or any case .

plz tell me the solution ???

 

thankes in advans


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