This recent judgment of Madras HC (when do they plan to change the name to Chennai HC (?)) throws light on provisions of CrPC 160 under which police can call witnesses for investigation for any crime.CrPC 160 is reproduced below:Section 160 – Police Officer’s power to require attendance of witnesses1. Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically … [Read more...] about Police can only call people via written notice for investigation: Madras High court guidelines on CrPC 160
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Points on IPC 498A law, misuse, future PIL for Dowry Law Misuse etc.
Note: This article is being put in public domain and can be used by anyone in part or full for any purpose whatsoever. Given recent news about revisit by Supreme Court of prior SC judgment of 27th Jul in Rajesh Sharma vs. State of UP, it has become imperative for men’s rights organisations to come up with their own arguments and get directly involved with the legal and judicial processes about how laws, their interpretation, and implementation are modified by judicial orders. Even the revisit order by SC is based on a PIL by a women’s NGO comprising of women advocates, and so if the logic being extended is that PIL has been filed for protecting women’s rights, then by same reasoning men’s rights organisations can get involved with the PIL and implead themselves into such proceedings … [Read more...] about Points on IPC 498A law, misuse, future PIL for Dowry Law Misuse etc.
Summary of PIL filed in Delhi HC towards gender neutral rape/sexual assault laws
Full details of PIL are at along with PDF of the PIL is available below: https://www.republicindia.org/pil-filed-delhi-high-court-make-rape-laws-gender-neutral-protect-enforce-fundamental-rights-male-children-turning-18-yrs/ Prayer in the Writ Petition: To issue writ in the nature of mandamus or any other appropriate writ, order or directions, to declare Gender Specific Sections of IPC 375 & IPC 376 null, void and unconstitutional as per Article 13(2) of Indian Constitution as in current form IPC 375 & 376 are ultra-vires Articles 21 and 14 of Constitution of India, as after Right to Privacy Ruling where consent and bodily integrity of each citizen is now fundamental rights as a part of the freedoms and are intrinsic part of right to life and personal liberty under Article 21 and … [Read more...] about Summary of PIL filed in Delhi HC towards gender neutral rape/sexual assault laws
Does Karnataka HC judgment allows for DV complaints on wives by husbands?
The Protection of Women from Domestic Violence Act, 2005, or PWDVA, 2005 or DV Act in short, is very clear on one point. It is only for protection of women (practically speaking only wives use it) in a household. The name of the act itself makes it very clear. Update 28/04/2017: This order has been withdrawn, see end of post for screenshot from Karnataka HC website. Then this High Court of Karnataka judgment (text below) comes along, which seems to redefine the whole DV Act itself, by suggesting that a complaint filed by husband on wives and in-laws should be considered. And it refers to this Supreme Court judgment (Harsora vs Harsora) which changed definition of DV Act to allow for respondent to be both male or female. Following is the excerpt from Karnataka HC judgment which … [Read more...] about Does Karnataka HC judgment allows for DV complaints on wives by husbands?
Wife’s attempt to separate husband’s parents, suicide attempt, unfounded allegation of extra-marital affair considered mental cruelty on husband for divorce – Supreme court judgment
News about this Supreme Court judgment have started appearing in many newspapers with the headlines which like “forcing husband to separate from his parents” or “forcing Hindu son to separate from parents” amounts to cruelty, and so on. As it happens, news headlines may a time don’t reflect the full picture of logic inside a judgment, and sometimes news reports may even highlight a secondary part of the judgment as the main reason when in fact the judgment was based mainly on other factors. This site contains very few judgments on topic of divorce, and the reasons are explained in detail in this and this post. The reason of covering this judgment here are that people shouldn’t get complacent that one judgment (though important one given that it’s by SC) about … [Read more...] about Wife’s attempt to separate husband’s parents, suicide attempt, unfounded allegation of extra-marital affair considered mental cruelty on husband for divorce – Supreme court judgment
Audio recording between husband and wife is admissible evidence – Mumbai HC, 2011
Many a time there is doubt raised by people about value of having an audio recording which goes on the lines of: “My lawyer says that audio recording….<add here something to effect of not good, not useful, not admissible etc etc.>” That audio recordings are not admissible or good evidence are just lazy excuses or convenient myths which are spread to steer husbands towards the C-word (read other posts on this site to know the meaning of C-word). And what’s surprising is this: sometimes the same people would be fearful that wife or in-laws may have recorded something of their conversation which will show them in bad light. So when husband records something, it can’t be useful, but one must be scared of wife’s recording! Can anyone see the logic here except the logic of … [Read more...] about Audio recording between husband and wife is admissible evidence – Mumbai HC, 2011