How can I protect myself from false dowry and harassment case?

My sister-in-law (elder brother's wife) has filed a false FIR of harassment for dowry and rape on me and my father. She was married to my elder brother during January 2022 and she's alleging that me and my father raped her on first night. I stay in a city 300 km away from where my brother and his wife are staying. She's alleging that rape occurred whenever I visited on Holi, Diwali etc She's staying at her father's residence in the same city for last 8-9 months and but filed case only 2 months back. My brother was also staying with them but has now come back to my parents who are living in a separate house for the last 6 months. Crime branch of Police has done inquiry at our old and new residence but my father was not available there at the time of inquiry. Me and my father are both Central Govt. employees I want to know if anticipatory bail can be granted to me and my father in this case and what is the procedure. If bail cannot be granted than what can be done to save us.

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 05 Nov 2024

If you're facing a false dowry or harassment case, you can protect yourself by, collect evidence to disprove the allegations, such as text messages, emails, videos, social media posts, or witnesses. You can also record conversations, chats, and letters relating to harassment or threats, develop a well-planned defense strategy and present a strong case in court, hire an effective legal representative to help you, if an FIR has been lodged, you and your family members can apply for anticipatory bail to seek protection from arrest, you can file a counter case against your wife, present evidence to prove that you never demanded dowry or received any dowry items.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 01 Nov 2024

According to section 376 of the Indian Penal Code, you and your father have been charged with rape, which is a horrible offense. The pre-arrest bail power must be used carefully; it can only be granted in extraordinary circumstances, and it cannot be provided for offenses that are not subject to bail.

Admin
Advocate By LEAD INDIA Answered: 29 Feb 2024

Sir, you and your father has been accused of rape under section 376 IPC and it is considered as a heinous crime. The pre-arrest bail power shall be exercised cautiously, exceptional situations are required for its grant and pre-arrest bail cannot be granted in such non-bailable offence. For further legal assistance contact us on our helpline number.

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