The defence is developed after going through the FiR and charge sheet and there is no straight jacket formula
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?
The defence is developed after going through the FiR and charge sheet and there is no straight jacket formula
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.
- 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.
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
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.
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.
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.
This is minute offence. Maximum court will acquit on probation if found guilty. Better file discharge application in court.