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(Guest)

Total years of imprisonment

My family has case of

498a

323

504

506

dp 3/4

498a has 3 years jail, will all these sections jail will run in parralled or will be added to 3 to make it 3 plus?

Total how many year of jail will occur to one person , Anyone there is no chance. Just thinking court will take 4-5 years to decide the case. Why not go in jail for 4-5 years to enjoy, no work, no tension, no maintenance to her.



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 6 Replies

Nitish Banka (lawyer)     19 October 2012

See section 31 CRPC-: 

 

(1) When a person is convicted at one trial of two or more offences, the court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefor which such court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

 

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment, which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher court:

 

Provided that-

 

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;

 

(b) the aggregate punishment shall not exceed twice the amount of punishment, which the court is competent to inflict for a single offence.

 

(3) For the purpose of 'appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

498 A fighter (Advocate)     19 October 2012

Originally posted by : Ganesh

My family has case of

498a

323

504

506

dp 3/4

498a has 3 years jail, will all these sections jail will run in parralled or will be added to 3 to make it 3 plus?

Total how many year of jail will occur to one person , Anyone there is no chance. Just thinking court will take 4-5 years to decide the case. Why not go in jail for 4-5 years to enjoy, no work, no tension, no maintenance to her.

This is the corrct thinking if you fight the case then you have to give the money to the advocates and then also you are not sure you will win and if wife put maintenacne case then that is again a burden if any one go to jail then he save the money , then in jail free ladging and boarding and there he can to higher studies as no one is there to disturb now in india govt. is also doing lot for betterment of prisionars. if you spend 4000 per month on your self then 4000 X12 X3 =144000 + 20000 [advocate fee] +10000other expenses + 3000 x12x3 wife maintenance  so total is

144000+30000+108000=        552000 Rs will be saved so this is much better idea.

and i think govt also provide money after coming out of jail so that will be the bonus and you have freinds who will every time ready to help you just to finish in laws family members now you can extract money from IL easily. so every where it benificial bussiness.

Nitish Banka (lawyer)     20 October 2012

why go to jail?

if you are right you are safe,why putting a blot on your face just to save few thousand rupees,have courage and face the proceedings.

498 A fighter (Advocate)     20 October 2012

Originally posted by : Nitish


why go to jail?
sir, no one want to go to jail.

such question are asked when person feel helpless and dipressed only , and the answer is calculated like this only to give timely relief which was already posted on LCI.


if you are right you are safe,why putting a blot on your face just to save few thousand rupees,have courage and face the proceedings.

Yes you correct here but some time as our judiciary system is biased and currupted so to please the other some time decision against justice come, or dont you think delay in justice is also a severe punishment to innocent?

i think there is not a single person who is innocent and only to save few thousand or few lacks rupees want to spent his time may be short period in jail.

your encouragement to such people is welcome and thanks for that.

Nitish Banka (lawyer)     20 October 2012

Mr Aneesh Trivedi,

This is not a right piece of advice that you are offering.It is like you are telling him to commit suicide to end all the problems.you can't run away from problems you are bound to face them.Remember not all judges are corrupt and one need to have some faith in justice and law,let him face the trial why surrender when he is innocent.ups and down is part of life it does not mean you end up the life.remember 4-5 years is not a short span.

498 A fighter (Advocate)     20 October 2012

@Nitish

sorry sir i accept it , actually the calculation here was i took from one post which is on LCI and many admired it ,

but yes it is not right. not all judges are corrupt it is also correct but they are few on fingers so one can only says what he feels or experience .


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