Wednesday, July 22, 2015

Why you should know law in India?

I am citizen of India and from last few days my mind is blowing when I research about Indian Judiciary, legal system, and Police’s working pattern in fake cases.  There are millions of people facing fake criminal cases and most of them don’t even have basic knowledge of law and enough money to hire a good lawyer who can protect them in such cases and get them a bail and later win cases for them.

Our society is converting into revenge society where just to take revenge people are using our legal system and filing fake criminal cases, lodging fake FIR’s against their opponents or so called enemy they believe. Someone can argue that there are provisions that if somebody files wrong FIR then Police or that person against whom FIR is filed can file a defamation case against that person and seek compensation but less than 1% people do so in our country.

Our law says accused is innocent until proven guilty but our system especially Police play exact opposite of it. Once a FIR is filed against you then the real game starts, policemen will start coming to your house either they will arrest you without any inquiry or they will threat you of arrest and in pressure you will start paying bribe to save yourself which you should not at any cost . In every case Police knows very well that case is genuine or fake but they will not play their part rightly because if they do so they will lose the opportunity to make money from you.

Next step of this game will be that you will hire a lawyer, if your lawyer is honest then he will clearly tell you fees and procedure but finding an honest lawyer in India is very difficult. Most of the lawyers worry about fees on date wise and want to stretch the case so that on every date you pay them something.

In our country Police use arrest procedure as their rights not as the necessity to solve the case. There are millions of people facing fake 498A, 376, 379 etc cases but people don’t come forward to raise their voice because they fear that if they do so then Police will take revenge and file lots of charges against them and make their life difficult. Police will try everything to stop you to get the bail and if you get that they will try everything to cancel the bail.  In this game you are the biggest looser and Police is biggest winner as they earn from both side you and from the person who Lodged FIR against you.

In all these cases Police arrest you and present you in front of Metropolitan or Session court Magistrate of your jurisdiction. Police will demand police custody of you from Magistrate and most of the time Magistrate don’t worry about the real facts and allow Police to take your custody for some days, if your luck is not good it can go for a week or two even you are innocent. Don’t know what kind of information Police want to take from you for which they need your custody.  Now again you have to pay bribe to Police so that they don’t beat you in their custody which our law says Police can’t beat any accused but Police use this technique to make money from the people. It is the fear of us on which these people make money.

Most of the people don’t even know that they can apply for Anticipatory bail if they feel Police may arrest them on basis of fake FIR, which eventually Police does. But question is even to get a Anticipatory bail you have to spend around Rs 10,000 to Rs 20,000 per person in city like Mumbai, Pune and other big cities as a fees of your lawyer.  So now just on the basis of fake complaints and FIR you have to spend thousands of Rupees.  In the cases like 498A where whole family become accused in FIR , your expense will easily go around Rs 1 Lakh to 1.5 Lakh just to get the Anticipatory bail. Now a days where our society becoming more liberal and couple spend their lives in a live in relationship most of fake 376 cases popping up in cities and What’s more funny is that Girl and her family make whole family member of boy’s side accused in 376 FIR too.

So in any fake criminal case ,first you and your family loose the respect in society and second you start losing your hard earned money and then if you are not strong heart and don’t have will to fight you lose hope too and spend some time in Jail or Police Lockup. None of this case will get convicted so court will set you free after 3 to 4 years and judgment will have line that in the absence of sufficient proof accused is set free whereas judgment should have the line that this case is found as FAKE and applicant for this FAKE case should go in Jail for 6 months for lodging false FIR and Investigation officer should be suspended for 3 months for making trouble to you and your family without doing proper enquiry and seeking your Police custody and opposing your bail unnecessarily.

There are several NGO’s working out there to help people who are facing these fake cases. But million dollar question is that who will help you from mind trouble and trauma that you and your family feeling every day.

There should be a strong mechanism where if someone files a FAKE FIR then he/she is liable to go Jail for 6 months and no bail allowed to him or her.

Just to give you a simple figure that near about 3 Lakh people get acquitted in 498A case but if these people might have spent around Rs 10K per person just to get a bail and at the time of trial of the case extra fees for lawyer, travelling expense, losing money from business or job because have to take day off to attend court for every date so simple equation will also go around 300 Crore Rupees in only one IPC case , just think about other IPC’s as well, we are losing millions of Rupees and work hours just to fight these stupid cases.

What I feel is our judiciary and police need a major overhaul, as since independence there is no major revolutionary action done on these two pillars of our so called system.  Still these two pillars are working like British’s era where Judiciary and Police were used by British for suppression of our country men.

If Engineer makes a wrong design for a building he get punishment from our Judiciary, if a doctor do something wrong in operation of a patient his license gets cancelled and he goes to jail then there should be provision for Judiciary and Police too if they take wrong action they are also liable to face the same action as other people do as per IPC.

I am not a legal expert but it does not require a rocket science to understand which case is FAKE and which is Genuine.  This is our country where rich people get bail in hours even they committed crime and adequate proof available against them but on the other side poor person spend years and years in Jail even he is innocent but does not have enough money to hire a lawyer who can get him a bail and win his case.

If we want to see India as Super Power then these things needs to be corrected ASAP.


Jai Hind.

Thursday, September 4, 2014

Fraud by BPCL Agencies

BPCL is now encouraging its customers opt out from subsidy but when BPCL will action on their agencies so that they follow code of conduct and don’t make customer fool.

I would like to drag your attention on fraud business practice followed by BPCL Gas Agencies. These agencies don’t inform customer that other products like gas burner, pan, lamp etc are optional and it’s not mandatory to purchase them while booking new connection or upgrading to double cylinder connection.

This practice is followed by almost every BPCL Agency.

Modus operandi:

Customer visit BPCL Agency to apply for new connection or upgrade to double cylinder connection.

After receiving relevant document these agencies ask customer to pay certain amount for connection.

At this point of time customer is not aware what is the actual deposit and cylinder price to be paid to BPCL, these agencies smartly create two bill/invoices one for BPCL charges having Agency name and other is having different firm/company name and these additional items such as gas burner, pan, lamp etc are mentioned in this second bill.

Most of the customer so scare that they do not question but if any one ask then these agency people will tell that you should have tell this first before making this second bill, now you have to pay.

If customer argues then they try to find out some flaw in customer submitted document. If they cannot find any flaw they will again stick to that customer have to purchase these items as these items comes with the package including gas connection.

BPCL Normally takes around Rs 1450 as deposit and Rs 446 as cylinder price so normally customer bill should be around Rs 2000 to Rs 2100, but with these additional items which are not mandatory to purchase bill amount goes around Rs 4000 to Rs 5000 vary from agency to agency.

BPCL has given clear guideline to its agencies that they cannot force customer to purchase these items but these Agency are so smart that they directly create two invoices. 99% of customer don’t complain fearing that they will not get the connection or refill on time but if you calculate the difference amount which is coming to 3000 and just assume if an agency making 10 customer fool every day then they are earning Rs 30,000 every day. Now you can see million of Rupees in all over India is over charged by these gas agencies.


So when BPCL is going to clean this malpractice followed by its agency.

Thursday, August 26, 2010

Sometimes I think, why a person need motivation. If we look around we will find some person who are already motivated and some are waiting to be motivated. You will also find some person who don't want to motivate. Motivation is an interesting thing isn't it? When you start thinking about the motivation suddenly different kind of motivational thoughts or stories or some past incidents comes to your mind. I always believe that there is only one thing required to get the success in your life and that is nothing but the self belief. So from where you get the self belief just think for a minute. I  also thought for several times and the answer i discovered is we get the self belief from ourselves. Whole idea behind this is if you are motivated enough then you will have enough self belief on yourself and then whenever you do a work you will do it very confidently.Choose any successful person from any field you will find a unique quality in them. What is that quality? Its nothing but their self belief. Whenever you are going to do any work just start it because work will tell you how to do it. Don't think that you will be succeed in it or not. I suggest you a exercise, from today whenever you are going to perform any work you first think that OK you can do this. You have already done this kind of work in past. If you haven't then don't feel down because here is the chance to learn something new. When we came into this world we were not knowing anything then we started to speak, walk,run. After some year we started to ride bicycle/bike. We were able to learn those thing easily because that time we were not thinking too much and because of which we were not having any fear of loss. Don't be afraid. Be brave and go ahead. Take a deep breadth and say yes i am going to do it. Your mind will get positive instruction and will start to think the possible ways to do that work Remember you  have the enormous capacity within you. I was involved in this thought and research out for several years to know what is the motivation and what I found is, its just a state of mind and when we can control our mind then why we can't be always in positive state of mind. When you think negatively, in the background your mind gets the negative instruction thus we start to loose our confidence. I am neither a doctor nor a scientist but this what I experienced in my past life. So my conclusion for this is whatever the situation is, there is always a way to get out of it. Just start to believe on yourself and on  your capacity. I am sure if you do so one day you will perform miracles.