Act Caused by Inducing Person to Believe that he will be rendered an Object of the Divine Displeasure - Section 508
According to Section 508 of the Indian Penal Code in which referred to as an act where any person voluntarily causes or even attempts to cause the other person to do something which is not something that every person is legally bound to do or causes them to omit to do anything which he is legally entitled to do, by inducing a certain person to believe that he or any other person in whom he is interested in will become rendered by some act of the offender an object to Divine displeasure if he refrains from doing something which is the object of the offender to cause him to do, or if he does the thing which the offender caused him to omit, then in such cases, the offender shall be punished with imprisonment for a term of one year or extended or charged with fine, or both. The purpose of this Section is to not let anyone have the ability to misuse the idea of God. Illustration - A party Y threatens Q that until and unless Q doesn’t perform a certain act Y will kill one of Y’s own children and under such situations or circumstances the killing would be perceived to render Q an object of Divine displeasure. So, here we can observe that party Y has committed the offence that is defined in this Section. Is Section 508 of IPC bailable? In Offences that are Bailable, there is a grant of bail and it is considered a matter of right, where the arrested person is released after the bail is granted. It may be either given to a police officer who is having custody of the accused by the court. Section 508 of the Indian Penal Code is a bailable offence. Bailable Offences are comparatively less serious when compared to non-bailable offences. Consult the best lawyer Online Punishment for someone charged with Section 508 of IPC: Under Section 508 of the Indian Penal Code, the punishment given to someone guilty of Section 508 is imprisonment for a term of one year or extended, or charged with fine, or both primarily depending upon the circumstances and the judgment. Is Section 508 of IPC a cognizable or non-cognizable offence? A non-cognizable offence basically represents an offence wherein, in a case the police officer will have no authority to arrest the person involved without a warrant they are considered less serious compared to cognizable offences and cognizable offences include cases in which the Police do have the authority to arrest a person without a warrant. Section 508 of the Indian Penal Code is a non-cognizable offence.
How to file or defend a case under Section 508 of IPC?
Filing a case under this Section: To begin with a written complaint by a lawyer or have an FIR registered and if by any chance the Police refuse to record your FIR, you have the option of filing a written complaint with the Police Superintendent.
Defending the case under Section 508 of IPC: If the defendant is to defend their against the accusations under Section 508 of IPC, then primarily he has to hire a lawyer and have them understand and process the very circumstances of the case at hand, for the defense of any case depends upon the circumstances of that case.
A capable lawyer will assist you and defend your case in either lessening the sentence of your punishment or by getting out of it.
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Relevant Case Laws: Mangilal and Anr. V. State of Rajasthan: The Brief facts of this case are that an FIR was lodged at Police Station Mandar, the accused went to a village and told them that if they invest money and in return they can double or even triple in a months time, the accused also had raised claims that they are blessed by divine powers and with that, they can increase their money and out of that increase one-fourth share would be that of the accused-petitioners and remaining three fourth share would be of the person depositing the money. The accused-petitioners also had gone on to threaten the complainants that if they don't deposit the money, there will be a destructive curse that is charged upon them by 'Devi Maa'. So the resulting fear of the curse among them the petitioners went on to deposit about 12,12,000, with the accused. Later in time when they wanted their money retrieved the accused took the money and fled the place.
Iqubal Khan v. State of Madras High Court: In this case an incipient turning 18 under the influence of farse sorcery, was frequently sexually assaulted by the accused who was himself of the age 44 and had two daughters of his own. In this the father of the victim was suffering from blindness whereas her mother has worked in Kuwait during the relevant period. The accused had lived in a certain portion of the said house by way of posing himself to being an Astrologer. The accused gave some powder to the victim which she consumed making her unconscious and thereafter, the accused had deflowered her. The accused kept doing this until one day the girl became pregnant. The accused was charged under Section 376(1), Section 506(2), and Section 508 of IPC.
Conclusion: So Section 508 of the Indian Penal Code basically framed with a motive to protect people from the malicious practice of misusing the idea of God or misusing the faith people adhere to it. It represents any act whether to be done or omitted being made done by the falsified impression of Divine displeasure, which acts purely like deceiving or compulsion is charged with a punishment for a term of a year or more, or fine or both. So, in such cases, it must be showcased how the accused maliciously deceived the plaintiff in believing about Divine displeasure by leading them to either do or refrain from doing something.
This article was drafted by Ms. Archana Nair, BBA LLB, Alliance University| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure | Imprisonment, up to 1 year or fine or both | non-cognizable | Bailable | Any Magistrate |
| Offence | Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure |
|---|---|
| Punishment | Imprisonment, up to 1 year or fine or both |
| Cognizance | non-cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
