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What is Streedhan? How to counter false case of Sections 405, 406, 407, 408, 409, IPC

If complainant has submitted for Criminal breach of Trust (IPC 405, 406, 407, 408, 409), below information may be of help:

The provision of relate to the offence of a Criminal misappropriation of property entrusted to someone.

In the event of any property having been entrusted to someone and the same having been misappropriated or converted to its own use, the person concerned is liable for punishment under the said provision.

Date of entrustment and date of demand are must so as well great if backed up by time and place.

If there is no specific allegation in the FIR about the amount of Streedhan / the list of things misappropriated by the person, there would not be any charge of 406, etc.

The Supreme Court has held in many judgments that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is entrusted.

Anything, on whose ownership, you don’t dispute would be handed over to the girl.

Anything for which she can show that she is the right claimant (by way of tax paid bills) would be hers.

Anything for which you can show that you are the rightful owner (by way of tax paid bills) would be yours.

Streedhan refers to the property given to the bride at the time of marriage from groom side, any gift given to bride by any relative or friend during wedding and after. Thus, only those items which you gave as a gift to the bride at the time of marriage is Streedhan. Not everything she ever wore is part of Streedhan. Rest of the items would be decided on merit and circumstantial evidence. That can be way of photographs, video and oral evidence.

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Gift given to groom is not Streedhan.

If your lovely 498a wife has run away with the jewellery, your father/ mother can file a case of 406 against her for misappropriation of property entrusted upon her. Your Mother/ Father can claim that jewellery given to her was not part of Streedhan but lent to wear on certain festival/ ceremony.

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