Lot of the time people who are facing false cases -- be it IPC 498A, false domestic violence allegations under DV Act, -- tend to make a demand to lawmakers and political leaders, that a provision of law misuse must be added to so and so Act, e.g. add misuse clause to IPC 498A, or add misuse clause to rape law to punish women making false rape complaints. All those demands are from made with good intentions, but there is a saying: “the road to hell is paved with good intentions”. Which means: Even if we start doing something with good intentions, we may end up with bad consequences; because merely having good intentions is not enough, it has to be backed by proper analysis, and then taking right actions at right time. And one should be flexible and open-minded … [Read more...] about Analysis of provisions for punishing false cases/allegations and false evidence in IPC and CrPC
I am beginning to build respect for Justice J R Midha of Delhi High Cout. Few of his previous judgments are already covered on this site. Those refer to his decisions on making filing of income and assets affidavits mandatory in any matrimonial suit (divorce, RCR etc), so the the time of court and both parties can be saved in trying to find the level of income/assets of husband and wife, and need for maintenance of wives. This recent judgment marks a departure from judiciary’s almost lack of concern for unscrupulous litigants and accusers from wasting time of courts, taxpayers’ money, and last but not the least of the accused party or defendants, depending on whether it’s a criminal or civil case. There are multiple sections in Indian Penal Code (IPC) to punish false statements, … [Read more...] about Invoke IPC 209 on those making false complaints – Delhi HC judgment by Justice J R Midha
Following recent judgment of Delhi Sessions Court by Justice Nivedita Anil Sharma about dignity of falsely accused man in a rape case, has been much published in print media, and getting shared on social media too. The judgment has referred to terming such falsely accused men as rape case survivor, a term used first in a judgment by Justice Virender Bhat, again about a rape case in Delhi; probably because Delhi has become the false rape capital of India. At the end of the judgment are passages related to falsely accused in rape cases: 185. It cannot be ignored that the accused due to this case which has ultimately ended in his acquittal, as suffered humiliation, distress and misery besides the expenses of the litigation. His plight may also continue after his acquittal as his … [Read more...] about Delhi Sessions Court raises question about dignity of falsely accused men in rape cases
Usually my impression is that as far as judicial decisions are concerned, Chennai is a place filled with white knightery, where it is easy to get judgments in favour of women; even based on flimsy evidence but more based on emotions. I remember reading a judgment where a woman was granted maintenance under DV Act after a one-night stand with an office co-worker at his house. Some “beneficial legislation” interpretation it must be that one night spent with office co-worker in his house turns that into a live-in relationship! The problem with such benefit-and-relief-awarding interpretations is that interim maintenance gets awarded in DV cases routinely with no evidence of any violence whatsoever, because the DV Act is drafted in such a way that it talks only about what … [Read more...] about Chennai HC says DV Act (Domestic violence act) is prejudiced and recommends making it gender neutral
The ‘braveheart’ Rohtak sisters fiasco has probably shown name of Haryana in such ‘limelight’ that the chief of women’s commission there has instructed Superintendents of Police to book case against all false complainants under IPC 182, to check the misuse of laws meant to protect women. No need to guess which which laws: IPC 354 (outraging modesty of a woman), IPC 376 (rape), and so on. http://www.tribuneindia.com/news/haryana/sps-told-to-book-women-for-false-complaints/49275.html In order to prevent the misuse of Acts in the name of crime against women, the Haryana State Commission for Women (HSCW) has asked the SPs of all districts to book case against those girls/women whose complaints are found false during investigation. Moreover, the girls/women will also have to face police … [Read more...] about After Rohtak sisters episode, Haryana women’s commission wants to prosecute women for filing false cases!
http://www.mumbaimirror.com/mumbai/crime/After-21-months-jail-man-accused-of-raping-minor-acquitted/articleshow/46239290.cms Casual labourer Rahul Chowdhary, 35, was arrested on May 5, 2013 for allegedly raping the 4-year-old who lived nearby. He was arrested by Nalla Sopara police and charged under Section 376 (rape) and Protection of Children Against Sexual Offences Act. The trial began late 2014, and resulted in the first acquittal in Vasai court of a man charged under POCASO. "Sessions Judge S G Mehere acquitted my client for lack of evidence," Chowdhary's lawyer Digambar Desai said. "During in camera proceedings, the girl revealed that her mother tutored her to say she was raped. During medical examination some scratch marks were found near her genitals, but we told court that the … [Read more...] about Mumbai man acquitted from false rape charge after 21 months in jail