पुलिस द्वारा गिरफ्तारी की शक्तियों के दुरुपयोग को कम करने के लिए 2010 में CrPC (आपराधिक प्रक्रिया संहिता) में संशोधन करके इन धाराओं को संशोधित किया गया था, खासकर IPC 498A जैसे मामलों में, जो संज्ञेय अपराध होने के कारण गिरफ्तारी के लिए वारंट की जरूरत नहीं थी। वास्तविकता में बहुत कुछ नहीं हुआ है, क्योंकि भारत में आपको दंड देने आवश्यकता है यदि आप एक नियम का पालन करवाना चाहते हैं। सुप्रीम कोर्ट द्वारा IPC 498a (और 7 साल तक के अन्य अपराध) के तहत स्वचालित गिरफ्तारी पर अंकुश लगाने के लिए नवीनतम निर्णय के साथ इस तरह के दंड देने की गुंजाइश खोली गई है। क्लिक करें डाउनलोड के लिए: पुलिस द्वारा गिरफ्तारी की शक्तियों के दुरुपयोग को रोकने के लिए सीआरपीसी 41, 41 ए का पालन करने के लिए गृह मंत्रालय द्वारा सभी राज्यों को जारी की गई एडवाइजरी की प्रति है। अपडेट 31/07/2019:नीचे दिए गए वीडियो में पुलिस से … [Read more...] about सीआरपीसी की धारा 41, 41 ए, 41 बी जिन में बिना वारंट के पुलिस द्वारा गिरफ्तार की जाती है
498A
Modified directions in IPC 498A cases upon review of Rajesh Sharma judgment by Supreme Court
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judgment has been overridden by a later decision of the Supreme Court, so the article below can be read basically as a historical reference.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
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
SC 2017 guidelines on IPC 498A misuse: family welfare committees, designated IO, less arrests/more settlements, easier bail, recovery of articles, personal exemption to family members etc
Update 14/09/2018: The Rajesh Sharma judgment covered here has been reviewed by Supreme Court, and this article covers the salient points of judgment along with its full text. Update 13/10/2017: The judgment is now up for a revisit by SC (so soon!), and the reason for review is: "We can’t write law. We can only interpret the law.” SC To Revisit The Judgment By Two Judge Bench On Abuse Of Section 498A IPC [Read Petition] The women's NGO (comprising of women advocates) which wanted a review of the judgment gave reasoning and statistics about how rural women benefit from IPC 498A and how the 'evil' well-educated women misuse the law, but surprisingly in the end they mainly prayed only for addition of women members to FWC. It seems like the gender of who gets to be the committee … [Read more...] about SC 2017 guidelines on IPC 498A misuse: family welfare committees, designated IO, less arrests/more settlements, easier bail, recovery of articles, personal exemption to family members etc
Government proposes making IPC 498A compoundable
On 11th Mar, 2015 in Rajya Sabha, government disclosed its intentions of making IPC 498A compoundable: Minister of State for Home Affairs Haribhai Parathibhai Chaudhary, in a written statement in Rajya Sabha, replied with a "yes, sir" when he was asked whether government proposes to make Section 498A of IPC a compoundable offence by appropriate amendments in the CrPC."The government has the proposal to make Section 498A of the Indian Penal Code a compoundable offence, with the permission of the courts, as per the recommendations of the Law Commission of India and the .. I have already posted about the meaning of compoundable and non-compoundable offences in some detail. Previously in Sep 2014, government was proposing making 498A both bailable and compoundable, where I had covered it’s … [Read more...] about Government proposes making IPC 498A compoundable
Husband’s adultery need not be cruelty under IPC 498A: Supreme Court
For all those scared of conviction in IPC 498A, because “my in-laws are powerful”, “my in-laws have connections”, “they have a false witnesses lined up”, and so on; this judgment may come as a relief. Or maybe not. Anyway, I am just reporting it. The key point is that conviction under IPC 498A needs mental cruelty of a kind likely to drive a wife to suicide. Husband's illicit relationship is not always cruelty: SC The bench noted that the husband and wife had started living separately in the same house. "True, there is some evidence about the illicit relationship and even if the same is proven, we are of the considered opinion that cruelty, as envisaged under the first limb of Section 498A IPC, would not get attracted. It would be difficult to hold that the mental … [Read more...] about Husband’s adultery need not be cruelty under IPC 498A: Supreme Court