Legal Question in Criminal Law in India
My friend called his girlfriend ugly, black and unfit to marry after a fight ended their relationship.
Can my friend be prosecuted under Section 509 IPC?
Under what sections can my friend be prosecuted since his ex-girlfriend threatened to drag him to court?
If my friend apologizes, will he still be imprisoned and for how long?
1 Answer from Attorneys
Yes, if unfitness to marry is w.r.t. her sexuality..
He shall be prosecuted u/s 509 IPC and may also be prosecuted u/s 493 IPC if he has cohabited deceitfully with her as her husband.
If he apologizes to her and she forgives him then he can get away with the punishment with the permission of the Court only for sections 509 IPC, but not for section 493 IPC. However he would be liable for breach of contract if he is not a Hindu by faith.
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