Priyanka Santra
Asked August 16, 2016

Cheating and Threatening me

  • 1 Answer
  • 1589 Views

Respected Sir, i was in a relationdhip for 3 years. but the person cheated me. i informed about his crime to his family. after that he threatened me. I want to take legal steps if he further threatens me or tries to cause any harm. for my security i want to lodge a police report. my question is can i lodge a FIR against him? is cheating is cognizable offence? what actions police will take? is general diary is a better option than FIR as i dont want to take any step against him now unless he harm or disturb me further? i shall be highly obliged if you please answer to my queries

Answer 1

A. Criminal Intimidation.

Section 503 of the IPC tells us that whoever threatens another with any injury to him, his reputation or his property, or to the person or reputation of any one in whom he is interested, with intent to cause alarm to that person, forcing them to do something which they are not legally bound to do, using threats, commits criminal intimidation.

Section 506 provides the punishment for criminal intimidation with imprisonment which may extend to two years, or with fine, or with both.

If the threat are to cause death or grievous hurt, or to cause the destruction of any property by fire, or to carry out an offence which is punishable with death or imprisonment for life or seven years, or to impute unchastity to a woman, then the punishment can be extended to seven years, or with fine, or with both.

However, please note that this is a NON COGNIZABLE, BAILABLE OFFENCE. In a Non-Cognizable Offence, the police will require the permission of the court to register a case or investigate. The accused cannot be arrested without a Warrant.

If you go to the police station to file a complaint, as per Cr. PC, the Police Station is required to record an abstract of such complaint in the General Diary. They will then advise you to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court.

The judicial process can be started by filing a private criminal complaint before the competent court, under Section 190 of the Cr.P.C.

 

B. Cheating

We are unclear of what you mean exactly by cheating.

If you mean he has cheated you with another woman, then there such an act is not illegal, per say and he cannot be punished for the same.

If you mean that the person has cheated you financially, then you can proceed against him legally.

Under section 415 of the IPC, cheating is when someone fraudulently or dishonestly induces you to give him any proper­ty, or forces you to do something you wouldn’t have ordinarily done, or to not do something which you would have done if he hadn’t induced you, and if that act or omission has caused or is likely to cause damage or harm to your body, mind, reputation or property.

This is a NON- COGNIZABLE OFFENCE, BAILABLE OFFENCE. 

 

For these two crimes, you can file a Non- Cognizable complaint, famously known as NCR, provided under Section 155 of the Code of Criminal Procedure. It is also known as a Police Complaint. There would no investigation in such a complaint until the Magistrate orders it. In addition to this, the Police Complaint can be turned into a FIR if the matter turns serious.

 

C. Word, gesture or act intended to insult the modesty of a woman:

Under Section 509, anyone intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

Note that this is a COGNIZABLE, BAILABLE OFFENCE. 

So, if this man has carried out any of these actions, you can go ahead and File an FIR at the appropriate Police Station. You can find the steps to file an FIR at this link. This link also provides information on what to do and what not to do during filing an FIR.

(If this man has carried out actions that are cognizable as well as non-cognizable, then the whole crime can be termed as cognizable, as was recently held by the Andhra Pradesh High Court.[1] This was based on the logic in an earlier Supreme Court decision where the court said that “if the information discloses a cognizable as well as a non- cognizable offence the police officer is not debarred from investigating any non-cognizable offence which may arise out of the same facts. He can include that non-cognizable offence in the charge-sheet which he presents for a cognizable offence.” [2] )

 

 

 

 

[1] http://www.newindianexpress.com/cities/hyderabad/Crime-is-Cognizable-Even-If-It-Consists-of-a-Non-cognizable-Offence-Rules-High-Court/2015/01/05/article2604169.ece; Judgement Available at https://indiankanoon.org/doc/82493344/

[2] Pravin Chandra Mody vs State Of Andhra Pradesh  (1965 AIR 1185, 1965 SCR (1) 269) Available at https://indiankanoon.org/doc/320814/

 

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