Sec 498A is non-bailable offence, which means granting of bail is not a right of the accused. Section 438 covers grant of bail for non-bailable offence. Read about anticipatory bail here: http://ipc498a.wordpress.com/2007/07/14/what-is-anticipatory-bail/ More info on AB here: http://ipc498a.wordpress.com/2009/07/26/sc-explains-anticipatory-bail-2009/ FIR no pre-requisite for AB Read link below for actual judgment that FIR is not required to get AB. From same website: “The filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an …[Continue Reading]
Cognizable and non-cognizable offence
First schedule of the Cr.P.C. gives the classification of the offences of the IPC into cognizable & Non-cognizable categories. IPC 498A is a congnisable offence. A brief description of the two is given below (courtesy link here: http://ncrb.nic.in/cii2007/cii-2007/CHAP1.pdf): Cognizable Crimes A cognizable offence or case is defined as the one which an officer in-charge of a police station may investigate without the order of a magistrate and affect arrest without warrant. The police has a direct responsibility to take immediate action on the receipt of a complaint or of credible information in such crimes, visit the scene of the crime, …[Continue Reading]
Info on FIR, Arrest, and Police ranks
Here is some official information on FIR with applicability and various references to CrPC and IPC : http://www.saferindia.com/kiranbedi/firdemo.jsp Same/similar to above document in PDF format (but this one has some spelling errors so check out yourselves):http://ipc498a.files.wordpress.com/2007/10/the-first-information-report.pdf Some compendium of information on FIR, NC (Non cognizable offence), reporting of complaint to police, magistrates, powers of police, where to complain etc are given below: http://www.karmayog.org/policedepartments/policedepartments_23086.htmDetailed document with information on arrest with references to CrPC etc is found here:http://ipc498a.files.wordpress.com/2007/10/law-of-arrest.pdf Police circulars in various states which prohibit police to arrest without investigation etc. Check the applicable circular for your state. You may be able …[Continue Reading]
Using Purshis in court
Purshis is a legal procedure to get verbal remarks of opposite party (OP) into the court records. I think the benefit can be that if OP has made some verbal remarks in court which can benefit your case later, then it is best to get them into court records. Several times someone driven by stupidity and emotion may make verbal remarks thinking that these are only verbal remarks not a document so there is no harm. However purshis may be useful in these cases. Follow links below for more information on purshis. Format of Purshis (from SIF Jul09): On top …[Continue Reading]
Countercase – using DP3 : Dowry Prevention Act
Dowry giving is also a crime under dowry prevention act. This strategy builds on the maxim that offence is the best defence. If the woman party accuses us of taking dowry, case can be filed against them for giving dowry which is a crime. From judgment at link: http://iitbiimb498a.wordpress.com/vague-allegations-not-acceptable/ In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short ? the Act?) against the parents of the complainant as well, …[Continue Reading]
Database of ‘good’ and bad lawyers
How to find a ‘good’ lawyer
We said earlier that why one should not try to find an ‘honest’ lawyer. Here we discuss how to find a ‘good’ lawyer. If it sounds contradictory, just hold your breath and read on. The point to be seen is that a good lawyer for somone may not be good for you, and vice versa. The point here is not general expertise but how a lawyer is able to handle your case. It is the same for any other professional like doctor too. Once you are comfortable with someone’s approach and have an understanding then stick with them. And fair …[Continue Reading]
Why one should not look for that one honest lawyer?
I am not against honest lawyers or trying to say that lawyers can not be honest. But here is my reasoning: 1. The legal system in India and most countries works by way of competitive lawyers taking sides of their clients. The lawyers and legal system is not after truth or justice, because in competitive arguments full truth can never be known. Both parties’ lawyers will be trying to maximize benefits to their clients, or so we hope. 2. The clients themselves may not share complete or truthful information with their lawyers. Many clients may want to take whatever advantage …[Continue Reading]
Basic do’s and don’ts for 498A etc
Basic safety and precautions Keep documents out of reach of your wife/other party. Collect your important documents like passport, educational certificates etc and move to a safe place – a bank locker, parents’/ friends’ house etc. In any case, keep them locked if they are at home and your wife is staying there too. The reason is that many a time wife can allege something in her complaints and request court to impound husband’s passport. The other possibility is she may steal them and use that as bargaining chip later. She may give it to court to be impounded etc. …[Continue Reading]
Backgrounder on Domestic Violence Act (PWDVA)
In case you do not know about DV act, for basic background go through these excellent links: http://www.498a.org/domesticViolence.htm http://www.498a.org/dvfaq.htm The questions given below will prepare you for the possible misuse of this act. Ask yourself if anyone of these questions could apply to your case. Being prepared is winning half the battle! http://www.498a.org/dvquestions.htm For more information on judgments etc and analysis relating to PWDVA see below: http://nyayayodha.blogspot.com/search/label/PWDVA%28DV%20Act%29
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