Mohammed Shami's wife Hasin Jahan goes to cops: FIR sections explained

Mohammed Shami's wife Hasin Jahan has accused the right-arm India speedster of cheating on her, assaulting her and even fixing matches for the national team.

The Uttar Pradesh-born bowler, who married Jahan in 2014, has been slapped with several accusations since March 7 by his wife. The first of the many blows for Shami and his family came when his better half revealed the 27-year-old had an affair outside their marriage.

She took to Facebook and provided the contact details of the woman, with whom Shami allegedly had an affair. It was reported Jahan had lodged a police complaint at the Kolkata Police headquarters and multiple reports say an FIR (First Information Report) was registered against the Delhi Daredevils pacer and four others based on the Jahan's complaint.

ANI confirmed the FIR was registered under sections 498A/323/307/376/506/328/34 of IPC (Indian Penal Code). International Business Times India spoke to Ashis Kumar Chowdhury, a criminal lawyer at the Calcutta High Court, to understand what these charges were and what happens if an individual(s) is found guilty.

IPC section 328: "Causing hurt by means of poison, etc., with intent to commit and offence.—Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Chowdhury explains what the above section means: "It is a cognizable offence, which is non-bailable. Possibly, this can be applicable only to the husband alone."

IPC section 498A: "Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."

Chowdhury: "Non-bailable/cognizable and the investiagting office is legally bound to issue notice under section 41A Code of Criminal Procedure to the accused for his appearance to police station for explanation offence."

"The Supreme Court has adviced the central government to form  a district level committe in each and every state to enquire the matter whether the offences has been done or not."

IPC section 327: "Voluntarily causing hurt to extort property, or to constrain to an illegal to an act.— Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Chowdhury: "It depends on the injury report. This is a non-bailable and cognizable offence. A non-cognizable offence is one where an accused can get a bail even before the start of the investigation."

IPC section 307: "Attempt to murder -Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned."

Chowdhury: "This is a non-bailable offence. It also depends on the injury report of the victim."

IPC section 376: Punishment for rape

Chowdhury: "This is also non-bailable and cognizable offence. It also depends on the medical report of the victim to see if there are any injuries on the victim. Under section 164 of Crpc, for recording the statemen of the victim before the magistrate is important to punish the accused." 

 IPC section 506: "Punishment for criminal intimidation.— Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

Chowdhury: "This is a non-cognizable and bailable offence where you can get bail from any magistrate."

(Details in italics are taken from the website of the Ministry of Law & Justice.)