There is a saying that Ignorance of the law is not an excuse. For example, you can’t just forget to file your income tax return and then claim that you were unaware that it applies to you. It is applicable in criminal law too. A bigger principle possibly could be: knowledge of the law can be a very beneficial thing! Going back to income tax example, only those who know the latest intricacies of income tax law will be able to utilize it’s full potential to minimize tax outgo by using exemptions on investments, rebates etc etc. And corporates have to know the law fully well to be able to operate. A basic principle of criminal law is that any anyone accused of crime is innocent until he is proven guilty. Indian public seems to be aware of it when it comes to voting for … [Read more...] about Innocent until proven guilty is the law, use it
Law Misuse
How to assess your false case and marriage breakup probability
Friends: do you feel you have been through following situations or likely to go through them in near future? 1. Your wife has left the house without any reason or communication, and now her parents or someone else is doing whisper campaign against you? 2. You have tried to call your wife back many times trying to reason with her, her parents; but they always suggest that you follow some conditions, rather than even discuss what’s the real issue. Worry not, for now we present after years of studying these situations the highly (un)definite guide to assessing your false cases and marriage breakup score. Think about it this way: sometimes the bad news can be the good news if delivered early enough. For example, we all know how dangerous is a disease like cancer. Now if you are … [Read more...] about How to assess your false case and marriage breakup probability
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
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
False rape by model against Mumbai DIG Sunil Paraskar falls flat
Usually some MRAs feel sense of delight when a false sexual harassment or 498a/DV case gets filed against the godfathers in Indian society: the police, judiciary, politicians etc. The idea being that once these godfathers feel the heat of false cases, they just might do something for the aam-aadmi and mango people of the country. http://timesofindia.indiatimes.com/city/mumbai/Rape-allegation-against-Maharashtra-top-cop-Sunil-Paraskar-is-for-publicity-Models-ex-lawyer/articleshow/39690642.cms MUMBAI: In a new turn to the rape and molestation case against IPS officer Sunil Paraskar, a former lawyer of the alleged victim, a model-turned-actress, has said she never told him about the rape and claimed she brought up the charge to gain publicity to enter a reality show. Below is video on … [Read more...] about False rape by model against Mumbai DIG Sunil Paraskar falls flat
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