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 on both errant police and negligent magistrates. 👉Take this Basic Quiz on IPC 498A and CrPC 41A to test your knowledge of their legal provisions Here is the copy of advisory issued to all states by home ministry to follow CrPC 41, 41A to curb misuse of powers of … [Read more...] about Section 41, 41A, 41B of CrPC which govern arrest by police without warrant
498a Info
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. First of all, a big thank you to all women coming to my website for getting some real education on 498a, DV, maintenance etc for women! That post is meant for your education, and even if … [Read more...] about 498a and maintenance: lose your illusions
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 from today. But that’s not an incident with anything new or noteworthy. What I want to write is about a case which was called immediately before my case. This incidentally is also a 498a case. How do I know that it’s a 498a case? Read … [Read more...] about IPC 498a: compromise or die
Powers of and procedure to be followed by CAW Cells – Important Delhi High Court judgments
Here are some judgments extracts from Delhi High court giving useful information about the powers and procedures of Crime Against Women (CAW) Cells. The interesting thing is that in all judgments the high court says that CAW is supposed to do reconciliation. Well in that case they should change the name to something else. Because implicitly a complaint in CAW cell will be treated as crime done by someone against a woman (read wife). After all it is all there in the name. Main points from each judgment are covered in separate sections below: CAW cell meant to safeguard marriage so FIR should not be registered immediately - Delhi High Court - 2002 In Raj Kumar Khanna v. The State (NCT of Delhi) and Ors.; 2002 (1) JCC 327, The Hon’ble Delhi High Court has held that Police Headquarter … [Read more...] about Powers of and procedure to be followed by CAW Cells – Important Delhi High Court judgments
Procedure of CAW (Crime against women) cell, counselling/mediation etc
What is the official definition of mediation/counselling in CAW cells? The official version of what mediation or counselling at CAW cell can be gleaned from this excerpt from page 2 of Standing Order 281 of Delhi Police which brought CAW cells into existence: Mediation (Counselling) The objective of this mediation cell is to give a platform to warring parties to settle their differences through the intervention of trained mediators. A mediation Cell of the Delhi High Court Legal Services Authority is also running in the CWC premises. The objective of this mediation cell is to give a platform to warring parties to settle their differences through the intervention of trained mediators with an objective of reducing the litigation and offering solutions outside the court. This unit is … [Read more...] about Procedure of CAW (Crime against women) cell, counselling/mediation etc
Sequence of events in 498A case
Check out the whole gyan here courtesy a SIFF member:http://ipc498a.wordpress.com/2009/07/09/sequence-of-events-in-a-498a-fir/ … [Read more...] about Sequence of events in 498A case