Hello,

At this stage you must file a case for FIR quashing in the HC atleast for your brothers if the charges are not grave.

Additionally if you get convicted then you can file an appeal against the order and get out on bail. There are less chances that you will be behind the bars for long.

Regards

406 that is criminal breach of trust has a max punishment of 3 years

307 has maximum punishment of life imprisonment.

Regards

As per your questions resolution is as below for maximum punishment.

Section 307 in The Indian Penal Code

307. Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life convicts.—2[When any person offending under this section is under sentence of 1[imprisonment for life], he may, if hurt is caused, be punished with death.]

llustrations

(a) A shoots at Z with intention to kill him, under such circum­stances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section.

(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.

(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of 3[the first paragraph of] this section.

(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servant to place it on Z’s table. A has committed the offence defined in this section.

You may be get maximum punishment . [imprisonment for life] be punished with death.

Sir in above offences the for 307 the maximum punishment is life imprisonment, so in above all offences cumulative you can get maximum imprisonment in life.

You can file a quashing petition before the high court, further what is role attributed to you in chargesheet.

See if in 406 if you have returned all her gold then there is less probability of punishment for that also the maximum punishment for 406 is 3 years further you can take the defences based on the facts that wife kept or entrusted the gold to the brother further try convincing witness or further dispute validity of witness in cross examination.

See punishment is based on facts of case, evidence on record and role attributed in chargesheet and many other factors,

1. Do not get worries as unless there is medical injury report and the assault is duly proved the chances of getting convicted in 498A is very bleak.

2. The same is with regard to 406 IPC as well. Mere recovery of gold ornaments from your possession doe snot make you guilty of criminal breach f trust.

3. You are on bail. So enjoy your liberty and prepare for the battle in trial.

4. If you contest the case with much seriousness then i find little scope for your conviction. Good luck.

Dear Sir,

Let the statement of the witnesses be recorded in the case and trial to be proceed. Its not possible to say how much punishment you may be given. We can certainly tell you that what is the minimum and maximum punishment under the relevant provisions.

You need to prove the situation so that you can curtail the entire thing against the complainant. Trial will take years.

Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both

2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt

Maximum punishment is 3 years

Dear Sir,

You may try to hire a senior advocate in criminal practice and see that every possible defense is taken . Usually no punishment will be given in family matters. It is purely a family matter. You ought have challenged the FIR. Or atleast file a discharge application and thereafter approach the High Court. Get breathing time in every possible way. The more time you take the criminal cases will fall down. Please see the relevant sections. There is no minimum punishment for any of the offence alleged. So it may end up with 5 years imprisonment.

PUNISHMENT CAN'T BE EXPECTED, IT WILL BE OUT COME OF EVIDENCE. ACQUITTAL DEPENDS UPON YOUR DEFENCE.

what is medical evidence for 328 and 307 ipc?

At this point you shouldn't worry abkut any jail time as conviction rate in matrimonial cases is relatively low.

But, you cannot be complecent and have to prove your innocence in court by having a very solid and impeccable defence to get acquittal.

You should also file for quashing of criminal proceedings against you and your family in High Court under Section 482 CRPC.

For your information, Punishment under section 307 is - 10 Years + Fine or both.

This is a Non-Bailable, Cognizable offence and triable by Court of Session

Under 406, the punishment is - 3 Years or Fine or both.

This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

1. The maximum years of imprisonment which might be awarded if the charges are proved are given below:

Section No. - Years of Imprisonment and file

a. 498A - 3

b. [deleted]

c. [deleted]

d. [deleted]

2. Engage an experienced Advocate having expertise in this field to defend you while contesting the case.

1. You have no option other than contesting the case by engaging an experienced Advocate to defend you.

2. The charge brought sec 406 of IPC can also be well contested. Engage an experienced lawyer as advised in my earlier post which should be your first job bow.

3. The years of maximum period of imprisonment against each sections have already been provided in my earlier post.

1. In your first post you have mentioned "I was jailed for 3 days".

2. If you were already arrested based on the said FIR registered against you, then how can you take anticipatory bail? You mighty have availed regular bail.

3. The quantum of maximum punishment has already been specified in my first post.

Hello,

It is a long procedure , so i would like to suggest you to stay calm as you have to fight it .

Your wife may also file a case under section 125 of the cr.p.c for maintenance .

You should file a divorce case on the ground of cruelty and also level allegations such as having extra marital affairs , as generally taken in this kind of cases , which could lead fatal for her 498a cases in future .

Hope this helps.

Regards

for ipc 307:

Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is herein before mentioned.

498A as: Husband or relative of husband of a woman subjecting her to cruelty. Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine.

IPC Section 406 lays down the punishment for Criminal breach of trust which is defined in section 405 of the IPC. The section reads as follows: “Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

Section 328 in The Indian Penal Code

328. Causing hurt by means of poison, etc., with intent to commit an offence.—Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Please Tell what should I do now though except 406 IPC all ipcs have not so much proof but What will be MAXIMUM PUNISHMENT I GET in this matter

You have to challenge hr false cases properly in the trial proceedings.

No I am in Anticipatory Bail now and my brothers also.But after proceedings in Local court what will be the maximum punishment I get in Future ?

You can read my answer in the first post above for knowing the punishment

Wife has to prove that demands for dowry were made by you and your family

2) she has to price that her stridhan was retained by you and you have refused to return the same

3) she had to prove that gold and other articles were given at time of marriage

4) she has to produce supporting bills fir purchase of jewellery

See in ofrece of 328 and 308 that is grvious hurt by way of poison or you attempted murder on her for that she has to provide evidence that can be a medical report eye witness , witness statements further for 497 it has to be affair with married women so evidence to that effect that is chat message hotel bills or anything establishing your relation under 498A cruelty and 406 bills of gold and statement that you intentionally kept it later police recovered it. Further dowry demand from your side.

See in all offences there can be different evidence, like any document medical reports , eye witness statement of witnessess.

If the wife way of these establish then this work in her favour for your conviction.

Unless analysing the evidence and other material documents can't give any opening individual count of offences

How can you expect the lawyers of this forum to know what proofs she has with her to prove her allegations in the cases she has lodged with police.

Let the cased come for trial and she let in her evidence. Your lawyer can handle the issues during cross examination.

So dont keep worrying imagining non-existent things so soon.

without looking at the documents of the case file, its not possible to suggest on what you are asking.

I will very difficult to say as to what proofs your wife has without going though the entire case file.

Get in touch with some local advocate and show him/ her all your case documents. This would greatly help you with your case.

1. She shall have to submit evidence either documentary or through witness in support of her allegations brought against you in each of the said sections of IPC.

2. She might try to prove that you had tried to administer drug on her based on the prescription issued by the doctor of the Apollo Hospital, which she will claim as falsely collected, l to cause damage to her

3. You shall have to tell whether her allegations are correct or not or what evidence she might have to prove your guilty of the charges she has brought against you.

You don't have to worry if you fight the case nicely and appoint a good lawyer you will be acquitted. The maximum punishment in 307 is 1 0 years to life imprisonment.