Breaking news! An FIR has been registered by suburban Kandivali police against a woman today for allegedly cheating, trying to extort money, reneging on her divorce agreement as well as threatening to file a false dowry case against her husband. Case has been registered against two of the woman’s close relatives also. According to the case which was filed on April 9, the police has charged the accused persons under Section 385 (extortion), Section 420 (cheating) and Section 34 (common intention) of the Indian Penal Code. Don’t we always say that all this 498A extortion business is always a ‘team …[Continue Reading]
Important judgments on IPC 498A:
- 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
- SC 2014 judgment on curbing arrest powers of police in IPC 498A etc (Arnesh Kumar vs State of Bihar)
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 …[Continue Reading]
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 …[Continue Reading]
Supreme court says let adamant husbands be raped by 498a, but spare old parents
One thing which I have maintained is that if our Supreme Court gives one judgment which seems to be favour of husbands, it will be followed within 6 months with another judgment which will remind them their due role within the family; which was eloquently put once by ex-Justice Katju’s in SC: A vacation bench of justices Markandeya Katju and Deepak Verma observed, “Bibi joh boltee hai woh sunno (listen to whatever your wife says), as otherwise it could land you in trouble. Because if you do not listen to her, you will suffer the consequences.” “Hum sab bhogi hai …[Continue Reading]
NBW (arrest warrant) issued against woman for false dowry harassment case
In probably a first case in India, a woman who made a false dowry harassment complaint has been issued NBW (non-bailable warrant) by JMFC, Mangalore for filing a false case under IPC 498a. The news doesn’t mention 498a but dowry harassment case is just another name for IPC 498a case. http://timesofindia.indiatimes.com/city/mangalore/False-dowry-compliant-court-issues-arrest-warrant-for-woman-doctor/articleshow/43094829.cms The police summoned Dr Rao and his parents and held a detailed enquiry by questioning the relatives and neighbours. It was revealed that there was no dowry at all in the marriage and all the marriage expenses were borne by the husband. Allegations of cruelty, beating etc were found …[Continue Reading]
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