Anonymous
Asked September 07, 2016

Potential legal trouble

  • 1 Answer
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I was married on September 2015 after which my wife created a lot of nuisance life not to have physical relationship with me not to stay with my parents insulting in fornt of my friends etc. Yet we made up and stayed together. Now few days coincidentally I found that my wife and her family members believe in black magic and they are planning to destroy me and kill my family while staying in my house. They are even in touch with local police station so that if required they can trap us with legal action. Now what legal action can I take against them as me and my family is quite scared. Presently she is staying with me. Please help.

Answer 1

You could approach the police since you fear an imminent danger to life. Under these circumstances, the remedy lies on registering a case under Section 503 of the Indian Penal Code[1]. When there is a threat to a person of injury, then the person can file a complaint of criminal intimidation. The punishment for criminal intimidation if threatens to cause death or grievous hurt are made, is death or imprisonment for life or for a period extending seven years.

Now, coming to the other grievance, where the legal action can be taken against you due to the misuse of authority by local police. Then, in that situation you may file for ‘Anticipatory Bail[2]. Under which you may apply to the High Court or the Court of Session for a direction, the court will look at:

1. Nature and gravity of accusation

2. Criminal antecedents of the applicant

3. Possibility of applicant to flee from justice

4. Accusation made to humiliate and cause injury to the applicant by having him arrested

and either grant or reject the application. When the court makes the direction, it may include such conditions in such directions like:

1. Availability of the person for interrogation by police when required

2. The person shall not make any threat, inducement or promise to any person acquainted with case

3. Shall not leave India without the permission of the Court.

 

[1] Section 503. Criminal Intimidation

[2] Section 438. Direction for grant of bail to a person apprehending arrest.    

 

 

 

 

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