This Allahabad High judgment disallowed discharge of accused under CrPC 239 on grounds of sufficient evidence against the accused in the case diary. Many husbands facing false 498a think of applying for discharge using CrPC 239 route so they should weigh their 498a case strategy using the following point from judgment as a guideline. At the stage of framing charge the criteria for consideration is whether the unrebutted evidence of the prosecution can result into conviction of the accused. If the answer is in affirmative, the accused is to be charged, and if the answer is in negative, the accused …[Continue Reading]
Indian laws for protection of women
Information taken from link here: http://saveindianfamily.org/articles/blogs/434-gender-arsenal.html 1. Section 498A of the Indian Penal Code (IPC): This section is formulated for married women who face physical and mental harassment from husband and in-laws and the cruelty is made for any unreasonable ‘demand’ (mostly dowry) from the woman and the cruelty is of such nature that it drives the woman to commit suicide or can be a danger to the life and limb of the woman. 2. Section 354 of the IPC: Assault or criminal force to woman with intent to outrage her modesty. 3. Section 509 of the IPC: Word, gesture …[Continue Reading]
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