Is intention to harm not criminal? - Page 2

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Koms9 thumbnail
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Posted: 3 years ago
#11

Originally posted by: Harish111

This is wrong, anyone can file the FIR. This is the india law i quote below


For serious offenses like murder, attempt to murder, kidnapping, threat, theft, etc


"Who can lodge an FIR? Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer who comes to know about a cognizable offence can file an FIR himself/herself"


For non serious offenses like forgery, cheating, public nuisance, also called non cognizable crimes


"A victim or the person who has knowledge about the commission of a crime can file a complaint under Section 200 in the Code Of Criminal Procedure, 1973. The Magistrate who takes the cognisance of an offence upon complaint examines the complainant and the witness, if any, upon oath."


I wonder how people were thinking murder cases etc work. Will the dead victims come and file a case themselves? The above law is for all cases btw and not only serious ones

So mad at the shah circus (including anupama coz she will always be shah) that I wanna get on a flight to Ahmedabad and lodge an FIR right now!🤣
radhika_2001 thumbnail
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Posted: 3 years ago
#12

Originally posted by: MOTHERHOOD

Ya anyone can file a complaint. How is Anuj going to file a complaint when he is in coma?

Anupama can file FIR but maybe she will wait for Anuj to come to his senses to do that...she will hear Anuj's side of the story first....but Baa is emotionally manipulating her because she lived for 26 years in the Shah house..so for that sake she won't hand Vanraj over to police.

Harish111 thumbnail
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Posted: 3 years ago
#13

Originally posted by: Koms9

So mad at the shah circus (including anupama coz she will always be shah) that I wanna get on a flight to Ahmedabad and lodge an FIR right now!🤣


I will join you, i wanna file against the writers for victimizing the viewers and torturing them

731627 thumbnail
Posted: 3 years ago
#14


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Harish111 thumbnail
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Posted: 3 years ago
#15

I literally quoted the indian law from the indian government website. That's the law, saying no no no, doesn't change the actual law. This is not an opinion, it's the actual law of india which i quoted, they are not my words, thats ths words from the written law. Again i am quoting

https://www.legalserviceindia.com/legal/article-1329-how-to-file-an-fir.html


Who can file an FIR?

One can file an FIR if he/she is:

  1. A victim of that particular crime
  2. A friend or relative or even an acquaintance of the victim of that crime
  3. If he/she has the knowledge about a crime that has taken place or is about to take place

For non cognizable offenses

https://www.lawyered.in/legal-disrupt/articles/filing-criminal-complaint-india-forums-and-procedures-ashwinkumar-arulaananthan/


A victim or the person who has knowledge about the commission of a crime can file a complaint under Section 200 in the Code Of Criminal Procedure, 1973.


Also the concept of forgiving for a crime is not the law in india, a policeman can at his discretion chose to withdraw a FIR or a judge can pass a verdict considering the victims withdrawal at his discretion. But the policeman and the judge can also still decide to prosecute even if the victim forgives or the person who filed the FIR insists even if the person is not the victim. . The law allows for both. And in serious cases like attempt to murder the concept of forgiving for a crime doesn't arise as such cases are considered harmful to entire society and not just an individual. Again, this is the actual Indian law and not an opinion. I will quote the Supreme courts verdict last year


"It (the supreme court) noted that grave offences or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of society or involve matters concerning public policy, "cannot be construed betwixt two individuals or groups only" as such offences have the potential to impact the society at large."

PunnyPotato thumbnail
Posted: 3 years ago
#16

As Anuj is not in the position to file a complaint

Anu has the right to file FIR against Vanraj.

731627 thumbnail
Posted: 3 years ago
#17


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myviewprem thumbnail
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Posted: 3 years ago
#18

Neither anupama was witness nor victim. Police will ask each and every detail about incident while writing fir which anupama cannot give while complaining

What if vanraj said to police ki maine to aisa khuch kaha hi nahin how will anupama proove to police that vanraj ne mujhse yeh kaha ki maine anuj ko dhakaa diya


Why should anupama prove to police vanraj tried to kill anuj its police duty to prove otherwise


She can file complaint that anuj went to meet vanraj and he fell off cliff. She can raise suspicion thta its vanraj who must have done something to anuj


During many murders no one around but family or friends can raise suspicion


Police has to prove otherwise not anupama usually


Police themselves should have asked or suspected how anuj fell and vanraj too


Police should investigate why vanraj called anuj near clifff with what intention? World knows vanraj is enemy of anuj not friend


Lay person need not prove anything to police they only raise suspicion that someone may have tried to kill


Police investigate and prove anything

Edited by myviewprem - 3 years ago
myviewprem thumbnail
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Posted: 3 years ago
#19

As per me vanraj should go to jail long back for these crimes


1) Domestic voilence to anupama

2) Trying to trap Malvika in love games for business benefits

3) Pushing nandini out of home and abusing her (future bahu)

4) Mental harassment of kavya by giving her repeated divorce or threats


And than now whatever has happened to anuj (if hes pushed)

Edited by myviewprem - 3 years ago

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