• What is the best defence for IPC 323,506,34

A false charge sheet is filed on 5 members of my family by cops by taking bribe. I was not present at the spot at that time. Our parents only have verbal abuse each other but the complaint submitted fake medical certificate and he is a rich person who have his workers as witnesses. If I'm convicted my life gets spoiled. How can I defend this case?
Asked 2 months ago in Criminal Law
Religion: Hindu

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9 Answers

The defence is developed after going through the FiR and charge sheet and there is no straight jacket formula 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Details like chargesheet etc are required to be examined in order to evaluate the matter. All sections are coundable so you can get case compounded. 

Siddharth Srivastava
Advocate, Delhi
1179 Answers

5.0 on 5.0

- Section 323 of the Indian Penal Code states that if someone voluntarily causes hurt to another person, they can be punished with imprisonment for up to one year, or a fine of up to one thousand rupees, or both.

- Further, it is a bailable offence. This means that if a person is charged with this offence, they have the right to apply for bail before or after arrest.

- Further , Section 506 of the IPC is for criminal intimidation , and is also a bailable offence. 

 - Since, you was not present at the spot, then you cannot be convicted for the offence  , and can apply for quash the FIR before the High Court. 

- Further, if the said medical certificates are fake , then upon the prove of the same , you can file a criminal defamation case against him. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

It is necessary to peruse allegations made in FIR to advice 


burden of proof is upon prosecution to prove allegations vetoing reasonable doubt 

you can cross examine the witnesses 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

You say that it is a false case, then nothing prevents you from challenging the same properly in the trial proceedings.

If you were not present in the location at that time, you can prove the same with documentary evidences and get acquitted.

If you have not obtained anticipatory bail, then do it immediately and with the help of your lawyer you can get the false case dismissed in the trial proceedings or you may file a petition before high court to quash the charge sheet. 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

Dear Client

Engage a Criminal Defense Lawyer: It's essential to hire an experienced criminal defense lawyer who specializes in handling cases similar to yours. They can guide you through the legal process and provide you with the best possible advice.

Bail Application: If you or your family members have been arrested, your lawyer can file for bail to secure your release from custody. In many cases, bail can be granted if there's no substantial evidence against you, and the charges appear to be false.

Collect Evidence: Work with your lawyer to gather evidence that can prove your innocence. This may include gathering witnesses who can vouch for your whereabouts at the time of the alleged incident, collecting any relevant documents, and obtaining any CCTV footage or other evidence that can support your defense.

Challenge the Medical Certificate: If a fake medical certificate has been submitted, your lawyer can challenge its authenticity in court. This may involve obtaining a genuine medical opinion to counter the false certificate.

Cross-Examine Witnesses: If the rich person's workers are being presented as witnesses, your lawyer can cross-examine them to expose any inconsistencies or contradictions in their statements.

File a Counter Complaint: If you believe that the false charges were filed maliciously, you may consider filing a counter complaint against the individuals who filed the false charges or against the police officers who took bribes, if you have evidence to support such allegations.

Seek Legal Remedies Against Police Misconduct: If there is evidence of police misconduct, such as taking bribes or filing false charges, you can pursue legal remedies against the officers involved. This might involve filing a complaint with higher-ranking police officials or approaching the courts to seek appropriate action.

Maintain a Record: Keep a detailed record of all interactions related to the case, including conversations with your lawyer, court proceedings, and any evidence collected. This documentation can be crucial in building a strong defense.

Attend Court Hearings: Make sure you and your family members attend all court hearings as required. Failure to appear can result in adverse consequences.

Stay Informed: Stay informed about the progress of your case and follow the advice of your lawyer closely. Legal procedures in India can be complex, so it's essential to rely on professional guidance.

IPC Section 323: Punishment for Voluntarily Causing Hurt

This section deals with cases where a person voluntarily causes hurt to another. The punishment for this offense is imprisonment for up to one year or a fine, or both.
Defense strategies:

Self-defense: If you can establish that you caused hurt in self-defense, it may be a valid defense.
Lack of intention: If it can be demonstrated that you did not intend to cause hurt, this could be a defense.
Consent: If the victim consented to the actions that caused the hurt, this might be a defense.
IPC Section 506: Punishment for Criminal Intimidation

Section 506 deals with the offense of criminal intimidation. It prescribes punishment with imprisonment for up to 2 years or a fine, or both.
Defense strategies:

Lack of intention: If you can show that you did not intend to threaten or intimidate the victim, it could be a defense.
No credible threat: If the threat made was not credible or lacked substance, it may be a defense.
IPC Section 34: Acts Done by Several Persons in Furtherance of Common Intention

This section deals with cases where a criminal act is committed by several persons in furtherance of a common intention. In such cases, each person is liable as if they had committed the act alone.
Defense strategies:

Lack of common intention: If it can be proven that there was no common intention among the accused, this defense may be applicable.
Alibi: If you can establish that you were not present at the scene or were not involved in the alleged criminal act, this could be a defense.

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

Challenge the chargesheet before the High Court in a petition under section 482 crpc.


Seek stay on chargesheet and trial in pursuant to the aforesaid chargesheet.


Plead in your petition that the criminal case against you is the result of political influence.




Vibhanshu Srivastava
Advocate, Lucknow
9534 Answers
299 Consultations

5.0 on 5.0

This is minute offence. Maximum court will acquit on probation if found guilty. Better file discharge application in court. 

Yogendra Singh Rajawat
Advocate, Jaipur
22464 Answers
31 Consultations

4.4 on 5.0

  • According to Section 323 of the Indian Penal Code, whoever voluntarily causes hurt to any person shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
  • According to Section 506 of the Indian Penal Code, whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. If the threat is to cause death or grievous hurt, or to burn or destroy any property, or to accuse any person of an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, then the punishment may extend to seven years, or with fine, or with both.
  • According to Section 34 of the Indian Penal Code, when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
  • Based on this information, it seems that you are charged with causing hurt and intimidation to the complainant along with four other members of your family who had a common intention to do so. However, you can defend yourself against these charges by proving that they are false and fabricated by the complainant and the cops who took bribe from him. You can also challenge the fake medical certificate and the witnesses of the complainant by producing your own evidence and witnesses to show that you were not present at the spot at that time and that there was no physical violence or threat involved in the verbal abuse between your parents and the complainant.


Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

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