2 Answers
Dear Client,
The gold received during marriage is part of Stridhan, which remains the sole property of the wife according to the law of India. In case the husband or his family misuses the gold or refuses to return it, he or they are liable for criminal breach of trust as per the provisions of Section 316 of the Bharatiya Nyaya Sanhita (BNS), 2023. Moreover, if the same is accompanied by domestic harassment, the provisions of Section 85 of the BNS (Cruelty by Husband) also come into play. It's feasible to lodge a complaint at either the police station or the Crime Against Women (CAW) Cell. As far as his arrest is concerned, Section 316 is considered to be a cognizable offence; however, the rules regarding wrongful arrest are strict. Judging by the current procedures in action (like the Arnesh Kumar judgment of the Supreme Court), the police are usually supposed to issue a notice of appearance under the code of procedure before effecting his arrest if he cooperates with them in their investigation. In order to get an immediate remedy, it is better to file an application under the Protection of Women from Domestic Violence Act, 2005, to compel its return in a legal manner. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you
Dear Client,
I understand the legal query raised by you and would like to give you my opinion. Yes, you can obviously file a complaint under Section 316 of the Bharatiya Nyaya Sanhita (BNS) for Criminal Breach of Trust.
As this is a cognizable and non-bailable offence, he can be arrested under this offence by the police for the recovery of gold.
Hope this helps and answers your query
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