Legal Question in Criminal Law in India
I married on 28 Nov.2008,My wife left matrimonial home on 24 jan.2010.I filed RCR on 6 May 2010.I am a BSNL employee.My wife filed a 498a, 406 and 323 case against my six family members along with me on 23 aug.2010.My mom and sister in law got AB and i got it from high court.Challan would be filed in 3-4 days.
My in Laws have been trying to terrify my family to kill.Now i recorded a phone call of my brother in law in which he told to kill me 3 times.He also showed threat of being suspend from our govt. job.Moreover he made also fun of indian law and order.But this recording was about 6 months old.
My question is to you that
1.)how can i effectively use this phone recording as my counter attack to my in laws.
2.)In which sections this offense would be registered and what are the provision for punishment for those sections.?
3.)should I file that case after my challan filed to court?
4.)can i demand for police security?
5.)Can i write to human rights commission,law ministry etc.Would it be fruitful ?
1 Answer from Attorneys
HELLO
1. You should have filed a police case immidieately when you received threat. What are you waiting for?
2. Offence is made out U/s. 506 of I.P.C
3. Challan in your case is nothing to do with the threat you are receiving. File police case immidiately.
4. No you cannot demand for police security for such small things. If police started giving security to such things then everybody will be having police security in this country.
5. No
Adv. NIKHIL CHAUDHARI
09773114567
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