The Rajesh Sharma judgment with new guidelines to be followed in IPC 498A cases was pronounced in 2017 by a two judge bench, and it was much celebrated by some people and hailed as a path-breaking judgment, as if following of those guidelines would automatically take away all fear of arrest, roping in of all family members, or the possibility of facing criminal trial in Indian system for 5-10 years! Several guidelines/directions were issued in that judgment, and the gist of those were: constitution of Family Welfare Committees (FWC), designated IO for IPC 498A cases, possibility/promotion of culture of less …[Continue Reading]
Feedback on Strengthening the Justice Delivery Process to Rajya Sabha Secretariat
As per this press release dated 3rd Aug 2018 by DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE, feedback from general public is solicited towards “Strengthening the Justice Delivery Process”. Link to press release: http://164.100.47.5/committee_web/Press_ReleaseFile/18/104/194P_2018_8_10.pdf Full text of press release below: DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice headed by Shri Bhupender Yadav, M.P., Rajya Sabha, is presently examining the subject “Strengthening the Justice Delivery Process”. 2. In this process the Committee may inter-alia examine issues like adequate Judges …[Continue Reading]
Exemption from personal appearance to be granted for reason of long distance between accused’s residence and place of trial–Supreme Court in IPC 498A/DP Act case
This March 2018 judgment from Supreme Court might just have created an important precedent and reasoning that a long distance between place of trial from residence of accused persons is a valid and reasonable ground for allowing exemption from personal appearance of accused in a criminal trial. The case pertains to IPC 498A and Dowry Prohibition act, however the judgment does not seem to be limited in its applicability, so it can be used for cases filed under other IPC sections, too. Incidentally, the appellants/accused in this case are family members of Arnesh Kumar who was the appellant in the …[Continue Reading]
Citations about perjury, prosecution under CrPC 340, false allegations etc
A reader has compiled some citations related to prosecution for false allegations, perjury filed under CrPC 340 etc. This article should also be referred to for the IPC sections which may be applicable for a case filed under CrPC 340. ———————————————————————Citations below: ——————————————————————— The plaintiff humbly requests the Hon’ble Court to consider the following citations where various honourable apex courts condemned the act of perjury and explained why it is so important to prosecute the wrong doers in so many words. Hon‘ble Supreme Court in Swaran Singh v. State of Punjab, (2000) 5SCC 668 noted . “36. …… Perjury …[Continue Reading]
Bare acts of basic laws, matrimonial, and relevant laws men should know
A reader has sent a compilation of links to bare acts available in PDF format on government websites. One may use them as needed. Knowing and reading bare acts is very important since many a time it is seen that people keep discussing endlessly on a topic without having even bothered to read the relevant IPC or section of bare act. Bare act means the basic text of law as published in government gazettes without any further commentary, analysis, citations. Details below: ———————————————————— Men are ignorant of laws, hence fooled/ harrassed by police, advocates, court staff. Knowledge of laws …[Continue Reading]
Prenuptial discussion reports in Ministry of WCD – more women empowerment, nothing to safeguard or protect men
Men suffering from false cases related to matrimony have been sharing hope on social media that if pre-nuptial agreements were made legal and valid in India, then it will help men in future, or expressing a narrower implied interest – protect themselves in second marriage. Some have understood the point that even in West where there is more of a regime and cultural acceptance of adhering to letter of law and to contractual obligations, pre-nuptial agreements are easily thrown out in family courts, when they are deemed to be unfair – to women of course. A news was reported few …[Continue Reading]
SC judgment mandates registration of FIR for ex-facie cognizable offence, else preliminary inquiry to ascertain if cognizable offence – Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
Following Supreme Court judgment settles the point and removes confusion about what powers does police have in terms of deciding when or when not to register an FIR when a complaint is made to police station (PS). Generally it is seen that if a woman approaches police, an FIR is registered without much trouble (subject to first procedure CAW/so called counselling and now family welfare committee provision in limbo), no matter how weak or incredulous the evidences may appear when the police actually gets to investigation state. So information in this article can be utilized by husbands who need to …[Continue Reading]
Police can only call people via written notice for investigation: Madras High court guidelines on CrPC 160
This recent judgment of Madras HC (when do they plan to change the name to Chennai HC (?)) throws light on provisions of CrPC 160 under which police can call witnesses for investigation for any crime. CrPC 160 is reproduced below: Section 160 – Police Officer’s power to require attendance of witnesses 1. Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts …[Continue Reading]
Points on IPC 498A law, misuse, future PIL for Dowry Law Misuse etc.
Note: This article is being put in public domain and can be used by anyone in part or full for any purpose whatsoever. Given recent news about revisit by Supreme Court of prior SC judgment of 27th Jul in Rajesh Sharma vs. State of UP, it has become imperative for men’s rights organisations to come up with their own arguments and get directly involved with the legal and judicial processes about how laws, their interpretation, and implementation are modified by judicial orders. Even the revisit order by SC is based on a PIL by a women’s NGO comprising of women …[Continue Reading]
Summary of PIL filed in Delhi HC towards gender neutral rape/sexual assault laws
Full details of PIL are at along with PDF of the PIL is available below: https://www.republicindia.org/pil-filed-delhi-high-court-make-rape-laws-gender-neutral-protect-enforce-fundamental-rights-male-children-turning-18-yrs/ Prayer in the Writ Petition: To issue writ in the nature of mandamus or any other appropriate writ, order or directions, to declare Gender Specific Sections of IPC 375 & IPC 376 null, void and unconstitutional as per Article 13(2) of Indian Constitution as in current form IPC 375 & 376 are ultra-vires Articles 21 and 14 of Constitution of India, as after Right to Privacy Ruling where consent and bodily integrity of each citizen is now fundamental rights as a part of the …[Continue Reading]
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