Section 120 B is sufficient for investigations and fil8ng of charge sheet 

2) The offence of conspiracy to commit a crime is different offence from the crime that is the object of the conspiracy because the conspiracy precedes the commission of the crime and is complete before the crime is attempted or completed, equally the crime attempted or completed does not require the element of conspiracy as one of its ingredients they are, therefore quite separate offences.” [Leo Roy Frey V. Suppdt. Distt. Jail (AIR 1958 SC 119)].

3) police have to conduct investigations and file charge sheet or closure report 

4) police can arrest accused 

497 no longer exists. Adultery is not a crime but only a ground for divorce.

Criminal Conspiracy to kill. State the facts of the case. The police will register the fir and impose sections. In case the investigation is shoddy you may again challenge and the police will impose additional sections.

Yes it can impose additional sections after the fir but before filing the charge sheet.

Offence committed is 307 Indian Penal Code, 1860, attempt to murder. Attempt to murder need not be actual physical attack on the victim, even conspiracy to commit murder is attempt to murder. The property provisions are 307 read with Section 120B. Section 497 is decriminalized therefore Section 120B will not stand alone.

Dear Sir,

1) 120B , is alone sufficient  to file FIR, it is not necessary for it to be read with some other section to  for investigation and filling of charge sheet..

2) Sect 497 has been held as unconstitutional and void.

3) Yes police can add more sections before filing of the charge sheet.

4) Once the FIR is registered, police have to investigate the case, record statements of all witnesses, and file a final report.

5) If the police conclude that there is no basis for the complaint or no evidence available to prosecute the case, further action is dropped.

6) Police have power to arrest the accused, will need to acquire warrant first.

Thank you

1. general sections are proper but for additional need to check the whatsapp chats and other material on record.

2.yes 497 will not be applicable. prima facie 504(II), 506 depending on case information

3. yes through court

4. yes

5. yes 

1. Section 497 of IPC says it is a punishable offense for a man to have sexual intercourse with a married woman without the consent of her husband. The man committing such an offense can be imprisoned for five years or more and can also be asked to pay a fine.

Section 497 violates right to privacy as well as liberty of women by discriminating against married women and perpetrating gender stereotypes. On 27.09. 2018, a 5 Judge Bench of the Supreme Court unanimously struck down Section 497 of the Indian Penal Code as being violative of Articles 14.

However it is still a sufficient ground for divorce as ruled by the Supreme Court.

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

Therefore, since the adultery is no more an offence, your protest petition may not be entertained by court.

If there was a threat for your life, you could have given a complaint accoridnlgy instead of giving a complaint for adultery.

2. This may not be maintainable.

3. Upon investigation the police may include additional provisions also

4. The FIR was registered under section 497 and not for issuing threatening messages or posing threats, hence the arrest for the law which is no more existing may not be possible.

5. Yes. 

307 will not be added on basis of chats as there is no overact for the same. 

1. In your case addition of Section 497 is not required as this section is for adultery alone section 120B will be sufficient . They can also add section 307 of IPC as if they does any act with intention to cause death would be guilty of murder. But these sections will be applicable if they have attempted the same. 

2. For conspiring section 120B of Ipc will be applicable to impart punishment to them. Yes police can amend section 307 if charge sheet is not yet prepared and further amendment is done if it changes the nature and characteristics of your case.

3.You can also add section 120A of IPC for criminal conspiracy against you. 

Thank you

For the purpose of Section 307 IPC what is material is the intention or the knowledge and not the consequence of the actual act done for the purpose of carrying out the intention. This section clearly contemplates an act which is done with intention of causing death but which fails to bring about the intended consequence on account of intervening circumstances. The intention or knowledge of the accused must be such as is necessary to constitute murder. In the absence of intention or knowledge which is necessary ingredient of Section 307 IPC, there can be no offence "of attempt to murder". Intent which is a state of mind cannot be proved by precise direct evidence as a fact it can only be detected or inferred from other factors. Some of the relevant considerations may be the nature of the weapon used, the place where injuries were inflicted, the nature of the injuries and the circumstances in which the incident took-place

in your case ingredients of section 307 are not made out 

The police have not handled the case properly. 

Not only that,  they have not even done the investigation properly. 

You may have to file a petition under section 200 cr.p.c as a private complaint with documentary evidences in your support because police have not taken proper action on your complaint. 

Criminal Conspiracy is an offence. It requires 2 or more persons. A single person cannot be held for criminal Conspiracy.

Moreover if no overt act was committed then 307 cannot be imposed. An attempt u/s.511 can also be slapped if they did something in the furtherance of the crime.