You can file case against him of criminal intimidation
2) police would lodge FIR
3) if police refuse to do file private complaint with magistrate to direct police to investigate and submit report
4) forgery is an offence
Fake Photos with PM & Other Intimidation Tactics Against Debt Recovery
I lent money (have evidence) to a friend who is now refusing to repay it and has resorted to indirect intimidation tactics. In one meeting, he showed forged photographs with the Prime Minister and the Home Minister, claiming his high ranking IAS friend facilitated the meeting. Later he shared the photographs with me on WhatsApp. I verified their authenticity and found the originals on the Internet from which the fake photographs were made. In a subsequent meeting, which I recorded for evidence, he openly boasted about his influence and his ability to use violence: 1. He narrated a story of using extortion by police through his connections with a high ranking IAS to recover a debt from an individual. 2. He claimed to have caused the transfer of a PCS officer through his connections, which we later learnt was due to the officer's promotion. 3. Most alarmingly, he threatened physical harm to a friend of mine (by breaking his face) because my friend tarnished his image in the society. I have a recording of all the above. Questions: 1. Is showing forged photographs in order to project power and influence an offense? If yes, what kind of offense? 2. Can a case of intimidation be made based on the above evidence, given no direct threat was made to me? 3. Can any other criminal charge be brought based on the recordings I have? 4. What is the likelihood that police would lodge a complaint or FIR for any of the above? What actions would the police take? 5. Anywhere else I can lodge a complaint?
Asked 5 months ago in Criminal Law
Religion: Hindu
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4 Answers
- If you have evidences for giving him money then you can recover the same legally even he is showing his picture with PM and having high influences.
- You can file a recovery suit before the Court for getting refund of the lent amount.
1. Yes, under Section Section 463, 465 and 471 ,503
2. Yes , you can file a case of intimidation
3. As reply No.1
4. You can file a complaint before the police and higher official against him for the said offences
5. If police not taken action against him , then you can file a complaint before the Judicial magistrate.
1. You can ignore his show offs and all those fake messages or photographs, your intention is to recover your loan amount hence you may concentrate on that alone.
2. If there is no evidence is available for that, you may not waste your time on that instead you may concentrate on the task that t is before you.
3. Your intention is to recover your money hence yo may work on that instead of trying to take revenge on him on any other aspect that is not at all relevant to you.
4. From your contents it can be seen that he has not committed any crime against you hence police may not entertain your complaint for any reason
Dear client,
Given your situation, here are the answers to your questions:
- Is showing forged photographs in order to project power and influence an offense? If yes, what kind of offense?
- Yes, showing forged photographs to project power and influence can be considered an offense under Indian law. This act can be classified as forgery under Section 463 of the Indian Penal Code (IPC). Forgery involves making a false document with the intent to cause damage or injury, support any claim or title, or commit fraud. The punishment for forgery under Section 465 IPC can extend up to two years of imprisonment, a fine, or both.
- Yes, a case of intimidation can be made based on the evidence you have. Under Section 503 of the IPC, criminal intimidation involves threatening someone with injury to their person, property, or reputation with the intent to cause alarm. Even if the threat was not directly made to you, the recorded statements and actions indicating the use of influence and threats can be used to establish a case of intimidation.
- Based on the recordings, you may consider the following additional charges:
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Extortion: If your friend used threats to obtain money or property, it could be classified as extortion under Section 383 IPC. -
Criminal Conspiracy: If there was a plan to commit illegal acts, it could fall under Section 120B IPC. -
Cheating: If your friend deceived you to gain money or property, it could be considered cheating under Section 420 IPC. -
Defamation: If the threats or actions harmed your or your friend’s reputation, it could be considered defamation under Section 499 IPC.
- The likelihood of the police lodging a complaint or FIR depends on the evidence you provide. Given the recordings and other evidence, the police are likely to take your complaint seriously. They may:
- Register an FIR based on your complaint.
- Investigate the allegations by collecting further evidence, interviewing witnesses, and verifying the authenticity of the recordings.
- Take appropriate legal action against your friend, which could include arrest and prosecution.
- Besides the police, you can lodge a complaint with:
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Lokpal: For issues involving corruption or misuse of power by public officials. -
Centralized Public Grievance Redress and Monitoring System (CPGRAMS): For grievances related to public authorities. -
Consumer Courts: If the issue involves a consumer dispute. -
Human Rights Commission: If there are violations of human rights involved.
It’s advisable to consult with a legal expert to guide you through the process and ensure that all necessary steps are taken to protect your rights and interests.
Thank you. Should you require any further clarification, please do not hesitate to contact us.
