Legal Question in Criminal Law in India

My friend was advising his relative and his wife on stock market. His relative made fun of him because his marriage broke down and called him cursed verbally since he is still single . There is no proof of the verbal insult. The relative couple initially gave a written assurance that my friend will not be blamed for any loss in stock market. Later after receiving advice, they changed their mind and wanted to blame him via email.

My friend got angry because of this and called his relative a black, ugly, wicked pig/rat and his wife an emaciated pygmy via email. The relative's daughter had falsely accused him of spoiling her computer earlier hence he called her ugly, black, wicked despite the wife's prior apology via email. The relative's wife threatened my friend that if anything bad happened to her husband who is a heart patient, he would be held responsible.

Also she wants to file a lawsuit against my friend for insult and humiliation and harassment via email. Can she succeed? What is the maximum jail term for insult and humiliation based on provocation?

If the husband dies, can my friend be held responsible for his death? What is the punishment?


Asked on 6/04/22, 6:40 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Yes she may succeed in the Law suit. Max. term is 2 years for prosecution u/s 500 of IPC but if the Court takes a lenient stance then you may be let off on some fine. The death of the husband would be a very remote event to your provocative action and hence you may not be held responsible for his death.

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Answered on 6/07/22, 11:47 pm


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