In cases of matrimonial discord within India, it is not uncommon for either or both side to make allegations of demands for, or misappropriation of dowry (section 406 of the Indian Penal Code).
Alternatively or simultaneously there may be allegations of cruelty (Section 498a of the Indian Penal Code) made in the same case.
These are cognizable sections, which means that the police can take cognizance of a complaint made directly to it and proceed to register a First Information Report (FIR) and take such steps for prevention, investigation or prosecution as it may deem desirable.
Section 498a in addition, is non-bailable. This means that the police cannot admit the accused to bail. An application for bail must necessarily be made to the court and only the judge can grant preemptive (anticipatory) or post facto (regular) bail to the accused persons.
Misuse of these provisions has frequently resulted in ill-advised litigants making allegations of dowry and cruelty en masse against the family and friends of the estranged couple. In some cases, even if a particular person is not physically present within India, allegations are made, and the persons named in the FIR.
Whether you are facing malicious allegations and prosecutions, or whether you are in a situation where you need assistance in filing an FIR for wrongs done against you, we can assist you with advise and representation before the police, in mediation and in courts.