• Return of African 406

We have earlier given statement to police about her jewellery which she purposely left at our place. She has filed 498A .406 etc. But now some of the lawyers are saying that if police comes for recovery then simply deny n say you don't have any stridhan with you. And say in court that police has forcefully made me write that statement.
Lawyer is saying that if I return her jewellery then it will be proved for 406 and I will be convicted.

Please guide me as what to do as I have no intention of keeping her jewellery but now if I don't give or if I give in both cases I will be in trouble.
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

Sir you can simple give a statement before police that wife on her own instance has left the jewellery you have no intention of keeping same, you are ready to return before the court and compound the offence.

You wont be convicted for returning the jewellery as purposefully you have not kept it, when police recovers that can be issue.

You yourself return jewellery with acknowledgement before police or court there wont be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You must proceed as your advocate advised you.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) Go as per tour lawyer that don't give her jewellery.

2) Ask her to withdraw first case and than prove your bo intention for keeping jewellery with you.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Giving officially the jewellery make a document that it was with you. (however it does not make offence of 406 but courts are under pressure of woman these days so may take it adverse) better to return it without any writing but with a receipt that She got her ornaments. You do not sign or write any document nor involve police. but involve some independent persons.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Advice given by your lawyer is correct. If you submit it will prove you guilty. Kindly follow his advice.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Firslty, there has been a provision of law which says that if you take anything from the girl family then it may put you in trouble, but yes you can take the plea of her jewellery given to her not to you as it

Has not been used by you then there is no question of the same taken by you.

Secondly, and in the other hand as you are afraid you can say the same as suggested he your lawyer.

Thirdly, as no statement is accepted before the court of law given to the police.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Return of articles during search and seizure is never a proof of guilt u/s 406 IPC. So your present advocate is very much wrong on this account.

2. Since her articles are lying with you, it is obligatory on your part to return the same and the if you return most of her ornaments that would help you , on the contrary, immensely during trial in favour of your defence.

3. So do not fail to hand over her ornaments when the police comes in compliance of of section 406 IPC to recover her ornaments and articles.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. If the items are recovered through search and seizure then it is a ground for conviction as the items are not delivered voluntarily on demand.However, if you deliver the items on your own accord with an application that those were in your possession as your wife despite numerous reminders refused to take it. Do seek an acknowledgment of same from her.

2. Before police comes to search and seize the items you should go and deliver it voluntarily to her in front of police and get the event video recorded.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. if your subsequent statement to police contradicts your first statement then too you will be in trouble

2. its better to return the jewellery with a statement that you did not have any intention to retain them and they were deliberately kept by the wife in your house in order to make you liable for an offence u/s 406

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Statement given to police is not binding but denying from the statement is of no use, somehow police will recover the jewellery, so better tell the police if comes that she herself has left her jewellery and it was always open for her to resume matrimony house and her stridhan. And police have your statement, on the basis of it, no case u/s 406 will make out but don`t forget to get that statement included in investigation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If she is entering into the house with the help of police for recovery of her stridhan articles,m better you may prepare a list of the items and return her the items under a signature acknowledging the receipt.

You should try to solve and get the dispute disposed at the earliest possible instead of stretchin the issue without any use.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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