Note: this judgment has been overridden by a later decision of the Supreme Court, so the article below can be read basically as a historical reference. 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 arrests/more settlements … [Read more...] about Modified directions in IPC 498A cases upon review of Rajesh Sharma judgment by Supreme Court
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 … [Read more...] about Feedback on Strengthening the Justice Delivery Process to Rajya Sabha Secretariat
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 July 2014 SC judgment which had resulted in curtailing powers of police from conducting arbitrary arrests, and of magistrates from mechanically allowing arbitrary arrests. In a way, that … [Read more...] about 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
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 … [Read more...] about Citations about perjury, prosecution under CrPC 340, false allegations etc
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 is essential to know our rights to defend ourself & live peacefully. Please include useful web-links to laws, in your website … [Read more...] about Bare acts of basic laws, matrimonial, and relevant laws men should know
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 months back that Prenuptial agreements were being discussed inside government especially inside Ministry of Women and Child Development (WCD), headed by Ms Maneka Gandhi. So it became necessary to fish out the … [Read more...] about Prenuptial discussion reports in Ministry of WCD – more women empowerment, nothing to safeguard or protect men