Although most of the time I see that the people joining men’s forums are not getting arrested upon 498A FIR, there are a few who have been arrested. I think they are aware of the SC judgment against arbitrary arrest in 498A, but haven’t taken any action against police/magistrate after that. The Arnesh Kumar SC judgment is already blogged here which gives full judgment text of “no automatic arrests in 498A” judgment by Supreme Court on Jul 2, 2014. This post is meant for anyone who got arrested under 498A after Jul 2, 2014, and wants to do something about …[Continue Reading]
This category has posts giving information about misuse of of IPC 498a
Compoundable and non-compoundable IPC offences under CrPC 320
The best description of what are the compoundable or non-compoundable offences, and also the reasoning behind compounding is explained at below website: http://www.easylaw.in/articles/compoundable-and-non-compundable-offence-under-crpc-india Section 320 of the CrPC looks at compounding of offences. Compoundable offences are less serious criminal offences and are of two different types mentioned in tables in Section 320 of the CrPC, as follows: 1. Court permission is not required before compounding – Examples of these offences include adultery, causing hurt, defamation criminal trespass. 2. Court permission is required before compounding – Examples of such offences are theft, criminal breach of trust, voluntarily causing grievous hurt, assault …[Continue Reading]
Spare a thought for innocent husbands
http://www.hindustantimes.com/comment/analysis/spare-a-thought-for-innocent-husbands/article1-1258561.aspx Consider the following, drawn from the 2013 data of the National Crime Records Bureau: Of the 968,728 undertrials under IPC 498A, 17,542 (only 1.8%) persons were convicted. Who returns the life lost in litigation to the remaining 98.2%? Of the 222,091 arrested under IPC 498A, only 7.9% were convicted. Will the life of the 92.1% falsely arrested remain the same? Husband suicides (64,098) are more than twice that of wife suicides (29,491) over the last 20 years. Family issues, and not financial troubles, were the major reason. In a recent judgment, the apex court in Arnesh Kumar vs State …[Continue Reading]
Centre considering 498a made bailable and compoundable, so husbands can be killed slowly
It’s a short news: but the way the news starts off shows how much hopes and aspirations people of India these days have from PM Narendra Modi. I mean the news starts off with “Narendra Modi government…” and not “Central government …”. Anyway… the end result will be the same, it’s just giving hopium to masses. http://www.deccanchronicle.com/140903/nation-crime/article/centre-re-examining-ways-stem-misuse-ppc-section-498a New Delhi: The Narendra Modi government is examining ways to stem misuse of anti-dowry laws. The home ministry is planning to tweak the controversial Section 498A of the Indian Penal Code to prevent its blatant misuse. A new section is likely to be …[Continue Reading]
Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
After a recent Supreme Court judgment to prevent arbitrary arrests under IPC 498a, the home ministry has sent a letter to all states and union territories informing and advising them about the same judgment. The letter dated Jul 10, 2014 is given below. It has to be send to State Secretary as well as DGP (Director General of Police) of each state. In due course of time, the knowledge about this SC judgment and about following CrPC 41 and 41a guidelines on powers and procedure to be followed by police before arrests will percolate to each police station. Use this …[Continue Reading]
Government proposes amending IPC 498a – anti-dowry law
Right on the heels of news about WCD (Women and Child Development) Ministry proposing amendments to DV Act (Protection of Women from Domestic Violence Act) to protect mothers-in-law too, there is fresh news of amending the law which is the mother of bail/DV/divorce industry in India – the notorious IPC 498a, popularly known as dowry harassment law. http://timesofindia.indiatimes.com/india/Govt-mulls-amendments-to-anti-dowry-law/articleshow/39095407.cms NEW DELHI: Keeping in view the rising number of complaints regarding the misuse of anti-dowry law, Centre is mulling to introduce penal provisions in the act that will ensure punishment or penalty to those who make false charges. The Union ministry of …[Continue Reading]
Section 41, 41A, 41B of CrPC which govern arrest by police without warrant
These sections were modified in amendment to CrPC (Criminal Procedure Code) in 2010 to minimize abuse of powers of arrest by police, especially in cases like IPC 498a, which being a cognizable offence didn’t need a warrant for arrest. Nothing much has happened in reality, because in India you need to prescribe a penalty if you want a rule to be followed. With the latest judgment by Supreme Court to curb automatic arrests under IPC 498a (and other crimes punishable up to 7 years), scope for such penalties has been opened. Here is the copy of advisory issued to all …[Continue Reading]
498a and maintenance: lose your illusions
I have been perplexed at the frequent arrival at this site by women (it can’t be men) after googling about IPC 498a and maintenance, yes, both those keywords together. One of these past days, I found so many of these searched keywords that I just had to save the screenshot that day which is given below. Above screenshot shows various google searched keywords by women who land up on my perennially popular post advising women on 498a, DV cases, maintenance, divorce etc. In above pic, have marked with numbers the various searched keywords about 498a, maintenance, DV, and their combos. …[Continue Reading]
IPC 498a: compromise or die
This incident happened earlier this month, and the surreal quality of the experience made me write this post. I am standing in one of the ACMM courts in Bangalore, for my 498a case number to be called. I don’t expect anything to happen, just the usual drill: accused’s (myself) name will get called, the bench clerk will note that I am present, the judge will probably only barely look up, note down a new date on the file, and bench clerk will announce the next date for me to show up in court, which could be anywhere from 2-3 months …[Continue Reading]
Recent Comments