What if the person who has filed the complaint is underground?
One of my cousin is charged with 366 A.The whole matter is this:
My cousin has a friend who knew a girl below 18 years.One day she came to my cousin's friend and asked him to drop her somewhere.He then dropper her on foot to the place.From there she was found missing.Next morning her father filed a complain against my cousin and his friend.As you see my cousin is not involved anywhere in this case but was caught only because he was often seen with his friend.The police arrested both on the next day.Third day his father called the police just before they where going to the civil court and said that his daughter is found and he is bringing her in the police station.After 5 or 6 hours he came alone and said that his girl is not found yet.From that day he vanished and till now which is 10 days,he has not come back means that he is underground.After 4 days my cousin and his friend were released.So please tell me now what to do next.What is the period that the court will wait in a situation in which the complainer is absent himself?We also came to know that the cousin's friend' family has given the Case in charge with sufficient money.In this case does the police has the power to alter the report and put all the blames on my cousin itself?Because the complainer himself stated in the F.I.R that the other boy is the main culprit.My cousin's friend also told the police before that my cousin was not involved in this and he alone went to drop her.
Asked in Criminal Law from patna, Bihar
Since the FIR has been registered the case will proceed forward and your cousin may be convicted and sentenced to imprisonment even if the complainant abstains himself from attending the police station and/or court. If the case against your cousin can be sufficiently proved with other evidence then he will not be able to derive any benefit due to the absence of complainant. It is strongly recommended that your cousin should engage a lawyer for his defence, and henceforth act strictly on his advice.
What is the penalty for a person charged under IPC 366A ?
Asked 3 years ago
Imprisonment of Ten years and fine
Advocate, New Delhi
10 years along with fine which the court may deem fit to meet the ends of justice.