• FIR filed against me u/s 74,78,79,308(2),351(2) BNS

Hi, I’m not in India since last 3 years, I live abroad and yesterday I got a call from PS and the Police threatened me to appear before them in 2-3 days, despite me telling that Its impossible for me to show up on such short notice, they started calling and threatening my family in India. What are the consequences of sections mentioned above? Can FIR be quashed before trial? Can I request trial through video conference? Should I lawyer up?
Asked 18 hours ago in Criminal Law
Religion: Muslim

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

Without knowing the minimum details also, it will not be possible to advise you properly on this.

For now you can inform police that it will not be possible for you to appear before police station.

If they harass your parents you may ask your parents to file a petition before before court seeking direction to concerned police to not to harass.

The high court may not entertain quash of FIR but you may file quash of charge sheet 

 

T Kalaiselvan
Advocate, Vellore
87612 Answers
2352 Consultations

Which girl you stalked ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23009 Answers
31 Consultations

You should engage a Lawyer at the earliest. You should move to High Court for quashing of the FIR. Kindly share the FIR with an advocate for appropriate advise. 

regards 

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

 

1) section 74,78 and 79 of the BNS deal with assault, stalking  and insulting the modesty of a woman

2) punishment for section 74 is imprisonment for a term of at least one year, but not not more than five years and a fine. This is non  bailable offence.

 

3) section 78 punishment is imprisonment for up to 3 years and a fine on the first conviction.

 

Quashing  is to be done only in exceptional circumstances.

4) High Court is reluctant to quash pending completion of investigations.

 

5) you can submit your statement to the police by email/post,

Ajay Sethi
Advocate, Mumbai
97410 Answers
7872 Consultations

  1. Section 74 pertains to assault or use of criminal force to woman with intent to outrage her modesty. Offence is non-bailable and cognizable with imprisonment up to 1-5 years.
  2. 78 is staking a woman. Offence is non-bailable and cognizable with imprisonment up to 1-5 years.
  3. 79 is word, gesture or act intended to insult modesty of a woman. Offence is bailable and cognizable with imprisonment up to 7 years.
  4. 308 (2) is extortion. Offence is non-bailable and cognizable with imprisonment up to 7 years.
  5. 351(2) is criminal intimidation. Offence is bailable and non-cognizable with imprisonment up to 2 years.  

You are advised to seek quash of FIR by High Court and in the  alternate anticipatory bail to avoid LOC and other coercive measures by police at the  insistence of complainant.

Ravi Shinde
Advocate, Hyderabad
4351 Answers
42 Consultations

Yes it can be quashed if it has merits. You can first take anticipatory bail before attending any police station for inquiry

Prashant Nayak
Advocate, Mumbai
32794 Answers
209 Consultations

Engage a lawyer immediately to handle the FIR and police inquiries. If the FIR lacks evidence, file for quashing under Section 482 CrPC. Request a video trial due to your absence from India. Avoid direct police interaction; your lawyer can prevent harassment. Prompt action will avoid escalation like a Non-Bailable Warrant (NBW).

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
445 Answers

You can appoint your advocate who can represent you before police. Court donot quash FIR at the stage of investigation. 

Siddharth Srivastava
Advocate, Delhi
1446 Answers

If you are residing abroad and have been contacted by the police in India, it is crucial to handle the situation carefully. First, obtain details of the FIR, including the sections invoked, as the nature of the charges will determine the severity and legal implications. Depending on the circumstances, an FIR can be quashed under Section 482 of the CrPC if it lacks merit, but this requires filing a petition in the High Court. Courts may also permit trial via video conferencing in certain cases, but such relief is granted at the court's discretion. Engaging a qualified lawyer in India is essential to represent you before the police, understand the allegations, prevent harassment of your family, and file necessary legal applications for relief, including exemption from personal appearance. Acting promptly through legal channels will help address the issue effectively and protect your rights while abroad.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
165 Answers

You have not disclosed the facts.

However, on going through the sections, it seems a woman related issue, threatening and extortion.

There are ways through which one can reach out to the police to verify their intention. If they are being coerced to take action, then they will be hell bent to arrest. 

But, upon hearing you, we can decide whether we have to approach the court or police for the relief.

G.Rajaganapathy

Advocate

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2239 Answers
8 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer