In this article, we will talk about how a woman can get rid of her unfortunate married life when her husband is in jail. We will discuss about the procedure and the steps involved.

Step 1– Hire a divorce lawyer and talk about your jurisdiction and or the decision. Learn about if any kind of specific form exists for filing a divorce from an imprisoned spouse/partner. Gets the imprisoned spouse divorce filing form or the standard form which is no-fault divorce filing form.

Step 2– You need to obtain the copy of your spouse’s mittimus, which is a warrant committing your spouse to jail from the court, where he was sentenced to jail or convicted. Then, once you have the copy, complete the divorce filing documentation and attach that copy of the mittimus with documents or the legal papers.

Step 3– Your divorce lawyer will submit that divorce filing documents or the legal paperwork to the family court with the fees. Understand from your divorce lawyer about whether you have to serve the documents on your spouse or the court will perform that in case of the imprisoned spouse. If you have to do the task then you must understand the formalities.

Step 4– You need to talk to your divorce lawyer about the state laws regarding legal procedures of the divorce in case your husband/spouse denies signing the no-fault divorce documents. Take a help of your divorce lawyer as sometimes the criminal conviction and imprisonment are considered as the automatic legal grounds for at-fault divorce.

Step 5- You need to properly complete at-fault divorce filing forms at your family court, attach the copy of state statute along with about divorcing an imprisoned husband/spouse and also, the copy of your husband/spouse’s mittimus. After filing these legal documents, at least one hearing will be held in few days but ensure that it is not necessary that your husband will come to attend the hearing in the court.

Step 6– Get the final and secured copy of the final divorce decree from your family court.

The section 383 of the IPC, 1860 covers ‘Extortion’. Extortion is defined as a ‘Crime where an individual instils fear of injury or death to any other person intentionally so as to dishonestly claim or acquire any heirloom, asset, property, security or any document signed and sealed from the person which can be converted into a valuable security in the future’.

The SEC 384 of IPC states that the act of Extortion is punishable by imprisonment for a term of three years or more depending upon the type of extortion or by paying a substantial fine or by both.

If an accused has committed extortion by instilling fear of injury then he shall be punished with imprisonment for a term of maximum 2 years or with fine or both (Sec 385).

If a criminal commits extortion by instilling fear of death or serious hurt to another person then he shall be punished with imprisonment for a period of 10 years and shall be fined for the same (Sec 386).

In order to commit extortion, if an individual puts another person in fear of grievous hurt or death then he shall be punished with imprisonment for a term of up to 7 years and shall be fined as well (Sec 387).

Whoever commits extortion by instilling a fear of accusation of committing crime which may lead to life imprisonment or imprisonment that can extend to 10 years or more then the individual shall be punished with imprisonment for 10 years or in serious cases, imprisonment for life (Sec 388).

And the above law (sec 388) applies in Section 389 as well where in the individual instils fear of accusation in order to commit extortion.

If you need further assistance, Please contact Law office of G. S. Bagga and Associates, we Provide free consultation.

Plea bargaining is helpful in reducing rush and overcrowd in courts. Defendants are too helped to save time and money.This is why this is used widely by people.

Types of Plea Bargaining

Sentence Bargaining

Sentence bargaining is when a defendant accepts to plead guilty to the stated charge in lieu of a light sentence. But it must be reviewed by a judge.

Charge Bargaining

This is the most common type of plea bargaining in which greater charges are dismissed and defendant gets ready to plead guilty to a lesser charge or sentence.

Fact Bargaining

This type of plea is used rarely and appears when a defendant gets ready to stipulate to certain facts o that other facts are prevented to be introduced. This type of plea bargaining is usually nit allowed by most of the courts.

Section 300 in the Indian penal code describes illustrations as mentioned below:

1. a) If A shoots Z having an intention of killing him or her and Z dies consequently, then A is committing murder.
2. b) if A is well-aware that Z is suffering from a disease that a blow can cause death for him or her, strikes him for causing bodily injury, and Z dies consequently, then A is of guilty of murder.
3. c) Any act performed by A with an intention to kill Z and Z dies in consequences of that, A is committing murder.

In other words, anyone who does any act having intention or knowledge, and that act cause death, he would be guilty is to be punished with imprisonment to ten years and fine too.

In a gist, the essential elements of the offence of murder charges or culpable homicide include the following:

• That death of a person was caused
• By an act having intention of causing death
• By an act with the intention of causing some bodily injury leading to death
• By an act being aware that the act was likely to cause death

Whereas, culpable homicide is punishable for life, murder is punishable with imprisonment or death for life and fine is applicable in both cases.

Similarly, bouncing of a cheque, literally, means when the cheque moves back or away from bank (surface) after hitting it (the bank).

A bank bounces back a cheque when the cheque is drawn for an amount which is more than the amount present in the bank account, at the time of the cheque ‘hitting’ the bank. The same can be interpreted in banking terms, in following way – When the bank refuses to honour the cheque due to insufficient funds in the account, it is called as a situation where the cheque is bounced.

What is the proceedings for Cheque Bounce under Section 138, Negotiable Instrument Act?

In case the drawer of the cheque, the one who writes or issues a cheque, is an individual then the proceeding under section 138 of the NI Act is to be initiated else if the drawer happens to be a company, then section 138 becomes redundant and section 141 plays the role and is exercised to prosecute the Managing Director of the said company.

The proceedings under Section 138, NI Act categorically support the fast track settlement where the purpose is to demand the payment and make the drawer know about possible prosecution in case of non payment / non settlement of due within 15 clear days.

In case of non payment / settlement of dues even on the expiry of 15 days, then a formal complaint needs to be put in front of the Magistrate within 30 days.

Points of Caution –

1. A cheque drawn for the purpose of gift, donation or for discharge of any liability which the drawer is not legally liable for, then the Negotiable Instrument does not become enforceable.
2. A cheque drawn in terms of compromise agreement or for not satisfying any debt or payment due is also not covered.

The author of the cheque who is drawer draw the cheque in the favor of payee and the bank is called payee. It happens sometimes that a cheque gets bounced due to insufficient balance in account or for some other reasons. For such cases punishment is given under Section 138 of Negotiable Instrument Act, 1881. Dishonor of cheque is considered as a criminal or legal offence in India. This act is to put a stop to discrepancy or dishonesty on the part of drawer. A drawer shall be liable to be punished with imprisonment up to one year or with a fine of double amount of dishonored cheque.

What happened when cheque is dishonored?

When a cheque is dishonored due to insufficiency of amount in the drawer’s account, the drawer bank immediately issues a ‘Cheque Return Memo’ to the banker of the payee. The reason of non-clearance of cheque is mentioned by the bank on cheque. The cheque holder can resubmit the cheque within three months of the date mentioned on the cheque if there is possibility of getting cheque cleared second time. If cheque issuer again fails to make a payment, then the payee has the right to take legal action against the drawer.

If payee determines to take action legally, then a chance of immediate payment should be given to payee in the form of legal notice. After receiving ‘Cheque Return Memo’ from the bank, the payee should send the legal notice to the drawer within 30 days. The notice should mention that the payment of cheque should be made within 15 days of receipt of notice failing which can lead the drawer to the court for further legal procedure.

Thus, any act, which is done in violation of any duties or a trustee or the terms of a trust, comes under breach of trust.

Punishment for criminal breach of trust
Anyone who has committed the crime of breach of trust is to be punished with imprisonment of a term which can be extended up to three years, or may be charged fine or both. If a public servant, banker, merchant or agent-whoever, committed to crime of breach of trust is to be punished with imprisonment for life or for a term that can be extended up to ten years and can also be liable to charge. Section 409 allows the court to announce imprisonment for life or up to ten years with fine.

Therefore, criminal breach of trust is a punishable offence. All those who commit the criminal breach of trust are liable to be punished with the imprisonment of up to ten years and shall also be charged a significant amount of fine.