There is a saying that Ignorance of the law is not an excuse. For example, you can’t just forget to file your income tax return and then claim that you were unaware that it applies to you. It is applicable in criminal law too.
A bigger principle possibly could be: knowledge of the law can be a very beneficial thing!
Going back to income tax example, only those who know the latest intricacies of income tax law will be able to utilize it’s full potential to minimize tax outgo by using exemptions on investments, rebates etc etc. And corporates have to know the law fully well to be able to operate.
A basic principle of criminal law is that any anyone accused of crime is innocent until he is proven guilty.
Indian public seems to be aware of it when it comes to voting for politicians accused of multiple crimes including many a time of murder and rape.
But many of accused men (and families) under IPC 498a/406/376/DV Act seem to think that the principle of innocent until proven guilty doesn’t apply to them! What else is the reason that they try so hard to prove innocence to police, CAW, or even own advocates when facing false allegations by the wife and gang? Why can’t we just keep quiet and let the law take it’s own course?
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What would be the reason that people think that the politicians must be innocent, but the criminal complaint filed by ‘bahu’ or daughter-in-law/wife must be right?
There could be multiple possible explanations:
1. We have double standards for ‘normal’ public like us, versus our ‘mai-baap’ or godfathers who are the the people in power whether politicians or celebrities. They take care of us, so that’s more than enough and we need not look at their moral behaviour etc.
2. We actually have no trust in the animals called law and justice. Whoever is strong can make use of the law, and politicians are strong and so they are above it, and we are weak so we have to suffer the false allegations. It is actually in same theme of ‘mai-baap’ mind-set. Frequently, the callers say that their wife/in-laws are powerful or connected, when in fact according to my assessment, they are basically small time people and pimps. But the point remains that people are afraid not of the law, but of the powerful/connected people. The powerful/connected people can even file false cases, and the weak can’t defend against them. So in reality, they are saying that we are all living in a jungle raj. Law/justice must be just nice concepts not applicable in India.
3. If the income tax department (why can’t I think of any new analogy!) puts an unfair demand of tax which is not applicable as per law, we will fight that with full vigour and conviction, but if the wife/in-laws file cases against us, we are half-dead even before the case begins! Fighting the income tax department: “very good”, fighting wife’s allegations: “what a loser!”
I think the truth is a combination of all of the above. After seeing many cases over the years, I have come to the conclusion that the general mind-set of public is that they may act to be god-fearing (so they can get their Moksha/Swarg), but when it comes to the law they probably think of it as an ass to be whipped and used by the powerful.
That could explain why we support politicians who are accused of crimes. They are powerful, they can harm us (or benefit their favourites), so we should not go against them!
Great way to build a country of 125 crore people. Surely one day we will become a superpower!
Coming to the part about shame. Why people feel so ashamed that they don’t even want to fight the allegations but want to ‘settle’. Part of the reason could be practicality: it is difficult to patiently fight for a few years while the case drags on in Indian courts like every other case. That’s not a complete explanation though and I will take it in a separate post since it merits a post of its own.
The bottom-line is that if you walk down the road, no one can say by looking at your face whether you are accused under 498a/406, or whatever IPC section. It’s all in your own head. Being accused is not the same as being guilty, this is something to learn from the politicians. Especially if you voted for one who had been accused too.
 Hi, I have been married on 17Jan 2019 and the girls lives only 3 days and go back to her naihar.I tried my level best to bring her but failed as his father and mother are threatening us for the case.then in the month of june we filed informatory petition to district judge and in the month of August we filed RCR in the court and after receiving the notice she files private complaint case of false 498 a and other charges against me and my family in the court
Not asking question is a neat trick where the person can later claim that the given answer was not in line with what his intended question was – except there was no question asked at all! Doing opinion polls will only get you moving in circles.
You can withdraw RCR and file divorce based on new set of circumstances (her false 498A). Recent SC judgment has allowed acquittal under 498A as a ground for divorce. The 498A and divorce cases can proceed in parallel.
But most settlement oriented lawyers won’t be able to fight such a case. They can only advise to stick with RCR, or persuade husband to do financial settlement to wife. Also, most husbands (and their families) who file divorce can’t stick with that plan, and go down the settlement route after a while. That’s why we don’t guide on divorce.
Hello Sir, I have been trying to join the FB group since Jan 2019 but no response from your side. My wife have filed 498a, 125 and DV last year in September. I filled up the form as requested. And my FB request is pending on group. Your advice helped me during so called settlement from her. I refused. Thank You.
Your request may have not have been approved because I can see in your previous request in Dec about giving general gyan regarding reason of joining group, rather than mentioning your own specific issue.
In your latest request recently, it’s still same style of giving some general gyan: “Need advice and counsel on how to combat false cases against men.” Does it feel shameful to just say you need help with your 498A, 125, DV etc?
Do everyone a favour and give specific reason regarding YOURSELVES in the joining form, or stop bothering us. Admins have to spend time to go through each request and check on details.
Excellent, well reasoned out articles. An eye opener in many ways. A must read for all men and women about to marry.
Dear Sir,
My maternal uncle’s daughter in law has left her house for any reason what so ever since 2 years. Now, suddenly she has filed a case of domestic violence and dowry against my maternal uncle. As far as I know there was not any case of violence and dowry which was made against her my uncle. But the problem is She has named my father in it. We including my father and mother don’t visit their place regularly. Hardly, once or twice in a month but then also she has included my father’s name. I am very tensed and don’t know what to do. Please suggest as we don’t have anything to do in this matter.
>>Please suggest as we don’t have anything to do in this matter.
When accused in crime, you have to tell your side to police, and if they don’t take out names in chargesheet, then one has to go through trial. Whether people can cope up with tension or not is a personal thing… at least now MRA groups are there for people to find support, but there is no quick-fix possible.
Dear Sir,
my wife had left my house while I was going out f station for treatment purpose,i had asked her to accompany me, she refused to do so and I had asked her to stay at home ,bt she refused and left for her mothers place without my consent, after going there she used to visit my place tby saying I want to collect clothes this that,bt was not ready to stay back,then I asked my brother to keep her portion locked till I come back then one day in month of august while elders were not at home she entered the house with couple of people broke the lock man handled the small children when they tried to stop her from breaking the lock and took away the belongings. when my rother came and called her she refused to answer the call, and her sister spoke and told that since she wanted some clothes so she broke the lock. after a period of 12 days she again came to my residence along with a crowd of people late at night around 11 pm and asked my brother to open the gates, my brother called me I told him ask her to speak to me,but she did not do it.and kept banging the door and abusing them.this attracted the neighbours and they asked one of her brother why he was not talking on the phone and creating nuisance late at night when I am out f station. they kept shouting for some time and left the place,later on on 26th aug I rercived a call frtom sub inspector enquiriong where I am. I told him that I am in maharastra. he asked me to report to the station .I confirmed him that by sunday I shal be there, he cross checked and confirmed me back by sms,that I am in maharastra.i reached on Friday and reported to the police station,my wife also was called during the course of counseling it came out that all mistakes were committed by her,there family members immd started apologizing and said that I can take her back,i also agreed it was decided that she will come next day,we gave in writing to the inspector that we have compromised I asked the inspector to mention in minutes of talks al that she agreed and confessed mistake to take in writing bt they told me that we cannot do it and the complaint stands closed now.from 28th aug till 12th of sept I made numerous calls to her brother each time he kept saying we are coming, the same I also notified to the inspector through sms.then on 12th sept I again went to the police station to inform them that she was not coming, the sub inspector called her. she came to the p.s and started demanding that I should keep her seprate,and then only she will join me,when I told them this al was agreed last time only and why this new demand, the inspector told her that if she wants she can lodge a complaint against me and family members,under 498. I asked the si how can he do this inspite of knowing everything,and when I have come to give a complaint.it fell on deaf ears, and I was detained till 9 .p.m while she was allowed to go home happily.at 9pm when I was called and asked to sign on fir pAPERS,I AGAIN ASKED HIM HOW CAN MY MARRIED SISTERS WHO ARE staying 600kms away being included he said we will investigate and take decision.i WAS let off AFTER TELLING ME NOT TO LEAVE TOWN.my question is where is this case going now,why was I booked when I went to lodge a complaint, I even came to noe that I could have booked a case against her for breaking the locks at my home,manhandling and next for creating nuisance late at night and tress passing can I do this now,as I was not aware of this,my brother has taped her sisters voice where in she confirmed that the lock was broken,the next time when she created nuisance the neighbours are witness to this. please help me to understand my position and what can I do at this stage,plEASE HELP ME AT THE EARLIEST CAN I ALSO BRING TO SOME ONES NOTICE THE SUB INSPECTORS BEHAVIOUR. please help me sir, iam a victim for no fault of mine.
regards
farukh.
Most men think things will sort out but they don’t… So until they dragged to PS (and family members too), people are not thinking seriously what kind of laws and system is there. Then Trying to file your complaint much after the incident of lock breaking will be seen as a counter case, nothing more.
Just because inspector knows the truth, doesn’t mean he may not file an FIR if wife insists upon it. That’s the law, welcome to women empowerment — everyone says they want it, but maybe they don’t really understand the implications how this is being achieved.