I verbally abused my cousin on phone on a property dispute
He had planted the trees at the boundary of my land. and i believe it is illegal to destroy the boundary of land and plant the trees, so i removed those trees.
My cousin called me. after a heated debate regarding property dispute i said "who ever will encroach my land and plant trees will be a mother*****". next day he went to police station and filled police complaint. and gave phone recording.
police threatened to arrest me and took 25000 as bribe.
i want to ask that am i in trouble? how can i protect myself.
Asked in Criminal Law from Raipur, Chhattisgarh
this is only a non cognizable case and police can not take any action against you accept registered a case U/S 107/116/151 of Cr.P.C. so no need to worry.
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Advocate, New Delhi
No case lies against you. The verbal abuse though crime is a bailable offence and so police can not arrest you.
Do not get worried and never pay a farthing to police.
If police still harass you lodge complaint with higher authorities.
is FIR registered by police?"
2) obtain copy of FIR filed by cousin
3) if any case registered contact a local lawyer and file for bail
1) The fact is that your verbal abuse of the cousin over the phone does not amount to an offence in which the police could arrest you. You did not have to pay such bribe to the police.
2) You are not in trouble, however it is advisable to file a counter complain to safeguard your interests stating that your cousin had encroached on your property and you have uprooted the illegally planted trees. Seek the help of the police in preventing future encroachment.
3) If the police refuses to lodge the complaint, demand to meet the Senior Inspector to file the complaint.
To abuse someone on phone is not an offence. One can hurl choicest abuses on the other during a conversation, but it does not amount to commission of an offence unless there is use of physical force. Cops exploited your ignorance about law. You should have consulted a lawyer before going to police station. No FIR can be registered against you.
Did you make sure that the police is not going ahead with the complaint after.taking.money
Bribing the police wasn't a good idea as they will trouble again for money.
Did they.tàke an FIR or is it a complaint.i f so what were the sections çharged?
If matter is closed in the police station it is ok ,in case the police call you again contact an advocate from the area and get assistance in the matter.
Why did you pay the bribe demanded by police?
You have done mistakes after mistakes.
You may wait for the outcome because the complainant if decides to pursue the matter then the police may turn agaisnt you.
NO need to give any bribe to any body. Nothing will happen if abuse verbally over phone and he recorded your conversation. In worst situation a nuisance case will registered against you and maximum penalty will be in hundred on your admission. if you want defend the case can be tried by concerned magistrate and severe punishment will be there.