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 it. After the above judgment has come into force, based on my assessment from calls received, the number of arrests under 498A seem to have come down by 70-80% at least. We cannot be sure of the exact statistics … [Read more...] about How to take action against police or magistrate for 498A arrest without following CrPC 41, 41A
498a Info
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 on a woman with intention to outrage … [Read more...] about Compoundable and non-compoundable IPC offences under CrPC 320
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 of Bihar emphasised following the Procedure of CrPC 41A since Section IPC 498A is being used as a … [Read more...] about Spare a thought for innocent husbands
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 inserted to make offences under it compoundable with the court’s permission, which will allow an accused to … [Read more...] about Centre considering 498a made bailable and compoundable, so husbands can be killed slowly
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 circular to make the local police aware if they aren’t already (don’t assume they are). PDF copy is here, and the same 2 pages are given in the post below. Will this circular ensure that I don’t need to worry about arrest … [Read more...] about Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
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 women and child development is also contemplating giving more teeth to the Dowry … [Read more...] about Government proposes amending IPC 498a – anti-dowry law