Legal Question in Criminal Law in India
My friend was advising his relative on stock market after getting a written assurance that he will not be blamed for losses. After receiving advice, the relative wanted to blame him in an indirect, subtle way. He mentioned in email that my friend will not be blamed only for stocks bought without his advice. Regarding stocks bought using his advice, he is silent.
Can relative be prosecuted under Sec 321 for deceitful behaviour?
1 Answer from Attorneys
Deceit is imbibed in Section 415 IPC etc. Section 421 is applied for causing bodily hurt. In business transactions, a contractual default cannot be attributable to any sort of criminality much less a deceit. Contract law will also not come to rescue as the assurance revolves around a wagering contract. Any how the query is answered in the negative.
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