Na. Will leave by paying fine. Any FIR registered ?
Hi, During covid19 pandemic I went out at curfew time in Hyderabad and they filed on spot epetty case to me.I went out to drop my friend who was patient but they just stopped me and filed the case. Please suggest what should I do now? Will I get imprisonment ?
You just enquire about the charges framed against you.
If the offence is minor in nature you will be let off with fine amount alone.
1. If the case is registered then there must be FIR number.
2. So visit the police station and ask for the information.
3 During this time on many occasions the Police just detain the person wh breaks the restrictions and then let him go without registering the FIR.
4. In your case this may also happen.
I have a epetty case number only. I went to police station and they said you need to go the court and call the constable which assist to proceed with my file. Also I don't have any previous penalty/epetty records
Then you may wait for the police to notify you the date for paying the fine amount in court since this a petty case, hence police will fix adate for disposing such cases once for all.
They asked me to take a screenshot and it has "Section detail" which says IPC 188 Disobedience to order duly promulgated by public servant
Maximum 1000rs penalty or conviction upto 6 months. Dont worry, court may leave by paying fine only.
Yes as you violated the law as per the police version. Therefore you can either contest the case or pay fine.
You will be informed by police once the charge sheet is prepared to pay the fine in court.
The charges will be made for a list of people who have been charged , hence you may await notice from police.
Relax.
You will receive notice to appear in court.
You are right now on police bail.
You might have to pay some fine and case will be dismissed
1. If FIR has been registered then a trial will be held wherein the court will determine whether you are guilty or not.
2. Even if you are held guilty by the court it will let you off by imposing a fine which cannot exceed 500 INR.
Notwithstanding the penalty, it will be a conviction under a criminal charge, which may make you ineligible for seeking appointment to a public office.
As per section 188 IPC, there can be improsnment or fine or both. It depends upon proof. Generally, its fine only.
1. The File for offence under IPC 188 is only 200/- and in any rare-to-rare cases it is 30 days punishment (which is usually not given)
2. Just personally go to court, when you receive summons and when magistrate directs you just simply pay the penalty 200/- and finish the matter.
Dear Sir,
Just pay find and walk out. Please see the following
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Section 188 in The Indian Penal Code
Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.
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PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT
Non disclosure of conviction in minor offences like traffic offences, railway offenses and other offence is not a substantial offence and not regular trial is held so supreme court says as follow. You should not disclose, nothing will happen. You will be safe.
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PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT
Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.
Coming to the rescue of student leaders who face difficulty in landing a job because of police cases for leading protests, the Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.
"'McCarthyism' is antithesis to constitutional goal, chance of reformation has to be afforded to young offenders in suitable cases, interplay of reformative theory cannot be ruled out in toto nor can be generally applied but is one of the factors to be taken into consideration while exercising power for cancelling candidature or discharging an employee from service,“ a bench of Justices Ranjan Gogoi, Arun Mishra and P C Pant said.
Example:
I was fined Rs. 340 by Police at a Railway Station for crossing the Railway Tracks. I was made to sign some papers and they took my name, father's name, contact and local police station name. An entry was
Section 188 IPC:- Violation of order promulgated by Govt. which is Cognizable, Bailable.
- The person will be punished with simple imprisonment for a term which may extend toone month or with fine which may extend to two hundred rupees, or with both;
- Further, if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
- Hence , if you will appear before the court , then the court will ask you , whether you want to pay fine or proceed with the case.
- Then the court will direct you to pay Rs.1000/- in the court , and hence your case would be disposed .
- Dont worry , it come under petty offences and no FIR there against you, and court will not ask you further question , except to say , dont repeat again.
Good luck and dont forget to rating Positively.
Section 188 of the Indian Penal Code (IPC) empowers police to arrest anyone who violates an order promulgated by a public servant. The violator can be punished with imprisonment of up to six months, or with fine which may extend to one thousand rupees, or with both.
1. You should contest the case as it is going to be tried by court against you.
2. It is a petty case you are not going to get imprisonment even if you confess before court chances are that court release you by taking fine only.
Response to your first post:
No, you will not be imprisoned. You may have to pay fine and you will be discharged.
Need not worry. The same is being done to have control of movement of public.
Response to your second post:
You need not worry. Just maintain touch base with the concerned Police Constable, who inturn will take you to court and make you pay file, thereafter, you will be free.
Response to your third post:
The said section 188 IPC will enable the Court impost nominal fine on the person.
In order to have control over law and order during this pandemic and lock down, the said provision is invoked, after paying fine, you will be free.
You need not worry, as replied to your second post, proceeding accordingly with the help of constable.