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Legal Defense for Criminal Charges and Police Matters

byKritika OberoiLegal consultations across Delhi NCRStarts from3,500 per sessionView full gallery

Dealing with a police notice or a false FIR is stressful, but you don't have to face it alone. I help you understand your legal standing, protect your rights, and build a defense with clear, step-by-step guidance.

If a false case is registered against you, don't panic. You can protect your legal rights by gathering evidence, engaging a lawyer, filing for anticipatory bail, and building a strong defense to counter the false allegations.

What if a police officer refuses to register your FIR for a cognizable offense? You have the remedy to approach the court directly under Section 175(3) of BNSS, where a magistrate can order the police to investigate the matter.

If you receive a call from a police officer, do not panic. Under Section 41A of CrPC (now Section 35 of BNSS), they must issue a formal notice for you to appear, specifying the time, place, and offense. Failure to appear can lead to an arrest.

Never take a court summons lightly, as TV anchor Chitra Tripathi's case shows. Ignoring a summons can lead to non-bailable warrants and serious legal trouble. Always approach a local advocate immediately.

Did you know that handcuffing in India is considered illegal unless permitted by a magistrate? It is seen as inhuman and a violation of dignity under Article 21. Interestingly, women and children cannot be handcuffed at all.

Using derogatory or offensive words against a woman, even online in DMs or emails, can land you in serious trouble. A recent Bombay High Court judgment confirms that any act that insults or outrages her modesty is a punishable crime.

A friendly legal tip for boys going on a "gedi" or night drive. If a friend makes inappropriate comments at a woman and a complaint is filed, you could also be implicated under "common intention" just for being present.

In tragic hit-and-run cases, many don't know that the government has a Motor Vehicle Accident Fund. Victims can receive compensation of Rs. 50,000 for serious injuries, and the family can receive Rs. 2 lakh in case of death.

About Facing Criminal Charges & Police Matters

If you have received a police notice, don't panic. Under Section 35 of the BNSS (formerly Section 41A CrPC), the notice must specify the offense, the police station you need to visit, and the time. It is not an automatic arrest warrant, but ignoring it can lead to one. Before you head to the station, we should review the notice together to prepare your statement and ensure your rights are protected throughout the investigation.

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