Community › Forums › Legal Advice India › BNS 79
- This topic has 44 replies, 13 voices, and was last updated 1 year, 5 months ago by
User_b80b1607.
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UUser_b80b1607
PARTICIPANT
January 16, 2025 at 1:25 amHello, my friend(28M) texted me that SHE team( Telangana state ) took him into custody and kept his phone with themselves and didn’t return it. My friends gf (27F) called my friend two days ago and ask him to meet her in a Mall to settle out the things and close their relationship in good terms. My friend went to mall and while waiting for her two male constables came from behind and took him to the police station along with the girl and made him write a letter that he will not disturb her and contact her in any form and if he does they can arrest him and file a case and later sent him home and informed to bring his father to the station next day. Next day when they went to ps police trashed him like anything without asking a single question, formatted his phone ( his phone has all the chat, pics of them ) and there is no backup now. My friend caught her with another man and she is maintaining parallel relationship with other guy from last 11 months. My friend did not scold her or threaten her he said he will talk to her mother and inform what she is doing and what she did with him in the name of love. She said she will make her mother talk to him and called him to mall and got him arrested. Now there are no pics, chats except few screenshots. She filed a case on him under BNS 79. What are his options now?? How will this impact him in his job career? How long will it take for bail?? Can’t he file a cheating case on her and also she made him spend close to a lakh and he has everything in his bank statement. If we can file a case on her how should he/his family proceed?? Please suggest. Thank you. -
UUser_90aa8ea7
PARTICIPANT
January 16, 2025 at 1:56 amHonorable Supreme court thinks cheating is the fundamental right of a woman and hence decriminalized it a few years back.-
UUser_b80b1607
OP
January 16, 2025 at 2:50 amThere’s no issue about the money but I just want to understand can’t we do anything like filing a case on her with the proofs where in she said she’ll marry and all?? Are we men supposed to go through s*it like this even though there’s not even 0.1% mistake from our end?? Why are laws so biased??-
UUser_90aa8ea7
PARTICIPANT
January 16, 2025 at 3:10 amTechnically you can file for false case filing and stuff but that option isn’t available until a court decides that yes she was indeed lying.Other than that, no there’s no law to protect men in a relationship or marriage. You can just get seperation. And even when women file false cases to harass men, courts don’t act against them for perjury which emboldens everyone to continue with this tactic.
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UUser_b80b1607
OP
January 16, 2025 at 5:51 amSo true.
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UUser_56a5fc01
PARTICIPANT
January 16, 2025 at 5:33 amShe wasn’t married and had every right to explore. Some losers think they can lock up and force the girl to date them indefinitely. Everyone looks for the best option.
He already tried to blackmail her.The police did well with the caning.
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UUser_90aa8ea7
PARTICIPANT
January 16, 2025 at 5:37 amI only spoke from a legal perspective that a woman can cheat whether in marriage or not. Ethically? I would say not good but to each their own.About the blackmailing, seems like op omitted details about the situation. If he did blackmail her, i ain’t supporting him.
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UUser_b80b1607
OP
January 16, 2025 at 5:57 amHe never blackmailed her not even once I can vouch for him on that. He only said he want to talk to her mom, if this is blackmail then it is what it is-
AAravguru227
PARTICIPANT
January 18, 2025 at 5:30 amFrom the cases filed it does not look like she is coming after him so police and court will be a waste. What Instead appears is that she wants to get away from him and she thinks he will keep clinging. And His actions echoes her instincts. Why did he want to talk to mom? Is he a relative to her? Even so it’s childish behaviour. Get a move on with it!! If he has some self respect left get away from her. While i don’t endorse her cheating, the guy needs a better perception of the situation and a reflection on his own actions.
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UUser_b80b1607
OP
January 16, 2025 at 5:54 amBlackmail?? lol, how come telling her mom is a blackmail?? Either you must be her using a random name or idk what to call you. Also, no one forced her to date him forever and there is something called self respect hope you heard about it. So as per you is they aren’t married the game can maintain a parallel relationship and sleepy with every other man each day?? If this is getting a better option as per you I’m sorry I don’t know what to say. Thank you for you time. Take care-
UUser_56a5fc01
PARTICIPANT
January 16, 2025 at 8:18 pmIndian parents are generally conservative and backwards in regards to women. Telling them about such issues can lead to violence and other restrictions.It is not like guys, where if your parents punch you, you can punch them back.
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UUser_f98a1552
PARTICIPANT
January 16, 2025 at 5:56 amSir, even men cheat..not just women..and if the girl is cheating , it’s with a boy right ? Or do u mean to say that women will only cheat with other women ??????-
UUser_90aa8ea7
PARTICIPANT
January 16, 2025 at 6:08 amObviously not. Both men and women cheat. Husbands cheat, wives cheat, bfs, gfs everyone cheats regardless of the relationship or the gender. Issue is when men cheat on their wives the courts see it as a mental and emotional trauma on the wives, and rightly so. No doubts about that. No one deserves to be cheated on. But when a wife cheats on her husband the SC says it is her sexual right to decide whom she wanna be with. Why the duality? -
RRapidseeker5541
PARTICIPANT
January 16, 2025 at 2:11 pmOh, here comes the defenders. He is saying that supreme court favors women’s cheating but when men does that, it can be cruelty and case can be filed against them.And I have noticed a trend where women often defend the cheating women. I know what you are into…
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UUser_27fd3be2
PARTICIPANT
January 16, 2025 at 2:14 amHonestly, don’t know how to help except say that your friend needs a lawyer. That’s all that can be done. Plus, he should take photographs of all the bruises etc from the thrashings and threaten to go public, that can help him maybe?
Btw, how is your own case going Op? I read that something similar happened to you too and you were thrashed and your phone was formatted too. Hope you and your friend get help and since you both are going through almost identical situations, you can support each other.-
UUser_b80b1607
OP
January 16, 2025 at 2:48 amSuffering is just a small word to describe what I’m going through bro. I feel lost and I don’t even know what to do to come out of this mess. Wish I could not have met her. Idk what mistake i did but with my whole heart I can say I don’t deserve to be treated like this.-
UUser_27fd3be2
PARTICIPANT
January 16, 2025 at 3:46 amYes, very sad. Is your brother out of jail yet? How is his case proceeding? And you and your friend should both complain against the she teams about the violence. Also, since both of you seemed to have your data deleted , you both should complain . All three of you should be there to support each other.-
UUser_b80b1607
OP
January 16, 2025 at 4:12 amYes he is out and the proceedings are going on. You know what’s the best part in this both mine and his gf’s are own sisters.-
UUser_27fd3be2
PARTICIPANT
January 16, 2025 at 5:22 amThat’s so sad and scary for you both. In which case is your case and your friend’s case going on?
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UUser_ab059d85
PARTICIPANT
January 16, 2025 at 5:29 amIndia is not safe for men. 😞
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UUser_f98a1552
PARTICIPANT
January 16, 2025 at 5:58 amLol…op seems to have a recurring theme with women in all spheres of life..-
UUser_27fd3be2
PARTICIPANT
January 16, 2025 at 7:07 amYes…it would seem so.
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UUser_c8f7e725
PARTICIPANT
January 16, 2025 at 2:57 am1. 79 bns deals with insulting the modesty of a woman. Since it is a cognizable offense, there is no need to file a separate bail application. The police will most likely issue a 41A notice, which protects you from arrest until the chargesheet is filed and the case goes to trial. But, I recommend consulting a good lawyer asap, as there is reasonable suspicion that the police are being influenced by the gf and could be engaging in malpractice.2. Adultery is not a crime in India, even if the person committing adultery is married. Also, the money your friend spent on her was consensual. Even if he files an FIR, she will most likely be acquitted. That said, he could still file it if his intention is to drag her through the courts.
3. File a petition to quash the FIR. In my personal experience, most baseless and false FIRs like this get quashed. Pending the disposal of the quash petition, you may also get a stay on the FIR proceedings, which will prevent the police from bothering you further.
Stay strong! You’ll get through this.
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UUser_b80b1607
OP
January 16, 2025 at 3:01 amThank you so much, you never know how much of support your words gave me.-
UUser_c8f7e725
PARTICIPANT
January 16, 2025 at 3:06 amHappy to help, brother
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UUser_c8f7e725
PARTICIPANT
January 16, 2025 at 3:06 amHappy to help, brother -
RRapidyukta9920
PARTICIPANT
January 16, 2025 at 3:34 am1. This is entrapment which is illegal! Please speak to a criminal lawyer ASAP and proceed to quash.Suggesting few additional steps which must be taken along with the legal advice you receive from a qualified lawyer after studying the case:
2. File a written complaint with the superiors citing the inhumane treatment & law enforcement overreach. Under what authority did the police thrash him and on what basis did they file this frivolous complaint, how can they delete the existence of the relationship by formatting your friends’ phone?
3. File a written complaint with State Human Rights Commission.
4. If he’s reserved category, file a complaint with SC/ST State Commision.
Act fast!
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CCleverdevansh8143
PARTICIPANT
January 16, 2025 at 4:49 amForget about money. In fact pay money if required to close the case.She is not his wife and in any case adultery is not a crime.
She has already shown her nature by filing a police case. So cut off all communication with her and forget about her.
If you pursue her then she may get more dangerous and file a false rape case. Like he took me to a room and spiked my drink and raped me. Or that he took my mude photos and is blackmailing me.
Police will know its false case but they will still register the case just so that extort money from you. Even courts are corrupt.
So swallow your pride. Minimize your loss and forget about the girl. Dont ever do stupid things like leaking her photos or telling her mother etc.
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UUser_ab059d85
PARTICIPANT
January 16, 2025 at 5:31 amThis! -
UUser_b80b1607
OP
January 16, 2025 at 5:49 amIs it that easy to file a fake rape case without any evidence?? Let’s assume if she filed a fake rape case don’t you think it’ll also impact her and her families social status?? Also, there’s no ego and not interested to go behind her, it’s just that what she did to him is totally wrong and unacceptable and did not even threaten her earlier as well. So she just used a woman card here-
CCleverdevansh8143
PARTICIPANT
January 16, 2025 at 6:27 amHer name will be hidden in media reports of rape cases. But his name will be published. So more than her it will affect his family’s social status.Yes what she did is immoral but not illegal. Cheating is wrong but not illegal. But harassing & threatening a girl and saying I will show photos is illegal.
So forget about her and stay away from such trash.
Don’t dig the ditch deeper and fall into more trouble due to ego & revenge mentality. Take the loss. Learn the lesson & move on.
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IIndiansatyendra1489
PARTICIPANT
January 16, 2025 at 5:14 amFormatting doesn’t mean data is lost. Go to a certified data recovery expert and get back data. Make a strong case with evidence. And yes you should also tell her mom what you originally intended to say but with proof. Maybe then you’ll have upper hand in settlement negotiations.-
UUser_b80b1607
OP
January 16, 2025 at 5:50 amIs it possible to get the data back in iPhone? If yes please help with any information regarding that. It’ll be of a great help.-
CCleverdevansh8143
PARTICIPANT
January 16, 2025 at 6:34 amBro forget about her. Could you let me know what you’ll do with the pictures? What will you achieve with showing pics?She has not done anything illegal. You will end in more legal trouble if you keep pursuing revenge.
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UUser_b80b1607
OP
January 16, 2025 at 6:45 amBro you totally mistook me. I don’t have any intentions of blackmailing her or showing her pics to others. I’m not that cheap bro they formatted my phone which has my family pictures and many memories. I was raised correctly by my parents and I’ll never do anything which spoils their name, it’s her loss to loose me. Blackmailing, threatening, harassing, stalking these are not for me-
CCleverdevansh8143
PARTICIPANT
January 16, 2025 at 8:23 amYou were not engaged or married. But still you wanted to tell her mother and show pics to prove that she is cheating.Is she underage? Of not then whats the purpose of involving her mother?
As I have said earlier forget & move on.
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UUser_27fd3be2
PARTICIPANT
January 16, 2025 at 9:29 amI thought this case was about your friend and not you.-
UUser_b80b1607
OP
January 16, 2025 at 10:31 amIt indeed is about him, he thought I was blackmailing so had to reply in FPP
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UUser_4967fa37
PARTICIPANT
January 16, 2025 at 3:05 pmI thought it was your friend’s case so why was your phone formatted?
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CCleverdevansh8143
PARTICIPANT
January 16, 2025 at 6:32 amWrong advice. You are getting him into more trouble.What will be achieved by telling her mom? Also strong case for what?
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IIndiansatyendra1489
PARTICIPANT
January 16, 2025 at 6:33 amCounter case. Don’t think you are a lawyer. Been there done that.-
CCleverdevansh8143
PARTICIPANT
January 16, 2025 at 6:43 amA Counter case under which law?-
IIndiansatyendra1489
PARTICIPANT
January 16, 2025 at 6:47 amContact lawyer and provide all details of the case. They’ll guide you. If you don’t know how this works then atleast keep quiet.
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UUser_56a5fc01
PARTICIPANT
January 16, 2025 at 5:30 amThe police did the right thing here. Guys like your friend try to force commitment from women.
If the women wanted to date other people, why did he try to bother her?
Should have just broken up and done his own thing.It is common sense. If you try to screw me, I will screw you bad.
He will learn civilized behavior soon.-
UUser_b80b1607
OP
January 16, 2025 at 5:59 amShe could have broke up with him and sleep with 1000 others. When you are in a committed relationship and do things behind its not about common sense she should question her existence
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