#Section 498A

[vinnymusings]

Dowry system problems in Telugu (Varakatnam)

Pelli samayam lo pelli kuturu thallidandrulu pelli kodukki kanukalu ichukuntaru. Varuniki iche katnam Varakatnam. Rojulu marekodhi ah kanuka kasta katnam kinda marindi, aadapilla thandriki sapam ayindi. enduku ante iche gift ni kuda demand cheyadam start chesaru. Intha kavali antha kavali ani. Kondaru dabbuni katnam ga iste inkondaru bhumulu rasi istaru,, bangaram koni istaru, bangalowlu istaru.…

[seemabhatnagar]

Death within 7 years of marriage is not sufficient to convict the accused

#CriminalAppeal before #SupremeCourt by appellant/ alleged accused husband in #DowryDeath Case

Charan Singh v. The State of Uttarakhand

Background:

The appellant / husband of the deceased filed the present appeal challenging his #conviction and sentence under sections 304B, 498A and 201 of Indian Penal Code, (IPC) 1860. The #TrialCourt had #sentenced the appellant to undergo #RigorousImprisonment (RI) for #10years under Section 304B, 2 years under #Section498A and 2 years under Section 201 IPC.

However, the #HighCourt of #UttarakhandatNainital had #reduced the #sentence of the appellant #underSection304B #IPC from ten years to seven years.

Facts:

Complainant story is deceased daughter Chhilo died within two years of her marriage. She had informed her parents several times demand of motor bike and later demand of land was also made by her in laws. As the demand was not fulfilled, she was murdered by her-in -laws. Her death was informed to the complainant father by a villager Jagir Singh of Bhogpur Dam where Chhilo was living.

After investigation Charge sheet was filed against husband Charan Singh(Accused-1), Gurmeet Singh-brother-in-law(Accused-2) & Santo Kaur-Mother-in-law(Accused-3).

Pertinent points raised by the Appellant’s Counsel:

·      The conviction and sentence of the appellant cannot be legally sustained either under Sections 304B or 498A IPC.

·      Pre-requisite for S.304B- Soon before the death, the deceased had been subjected to cruelty or harassment for or in connection with any demand of dowry.

·      Presumption regarding Dowry Death – It can be raised u/s113 B of Indian Evidence Act provided it is shown that soon before death, such woman had been subjected to cruelty or harassment for, or in connection with the demand of dowry.

·      Prosecution Evidence- None of the witnesses have stated that there was any harassment or cruelty to the deceased or demand of dowry immediately before her death.

·      The maternal grandmother and two maternal uncles who were living at distance of about one farlang from the village of the deceased were present at the time of the of cremation did not raise any issue either by lodging a complaint to the police or otherwise.

·       Material Witness, Jagir Singh, who was named by the complainant in the FIR, has not been produced by the prosecution in evidence.

·      Once the ingredients of Sections 304B, 498A IPC and Section 113B of Indian Evidence Act are not made out, no presumption of dowry death can be raised.

·      When allegations against the appellant, his brother and mother were same why State has not preferred appeal against acquittal of his brother and mother.

·      Besides death of the wife of the appellant was not unnatural as she was suffering from fits. This was admitted by the maternal grandmother in her cross examination.

Submission of the State:

·      A young woman was killed by her in-laws in lust for dowry. The marriage was merely two years old and the death was unnatural.

·      The maternal grandmother and the two uncles who were present at the time of cremation had seen injury marks on the body of the deceased and also the broken tooth. They could not lodge the complaint as they were threatened.

·      The death occurred in the matrimonial home, hence onus lies heavily on the appellant to dislodge the presumption.

Point to be decided:

The case in hand falls in the category where the presumption can be raised against the appellant relieving the prosecution from proving its case and putting the onus on the accused/appellant.

Observation of the Supreme Court:

·      In the evidence led by the prosecution, none of the witnesses stated about the cruelty or harassment to the deceased by the appellant or any of his family members on account of demand of dowry soon before the death or otherwise. Rather harassment has not been narrated by anyone. It is only certain oral averments regarding demand of motorcycle and land which is also much prior to the incident.

·      Evidence led by the prosecution does not fulfil the pre-requisites to invoke presumption under Section 304B IPC or Section 113B of the Indian Evidence Act.

·      The ingredients of Section 498A IPC are not made out as there is no evidence of cruelty and harassment to the deceased soon before her death.

·      Defence Witness (DW-1) Gurmej Sing/head of the village had stated that the information about the death was given to the parents of the deceased and other family members. He stated that belongings of the deceased were handed over to her maternal grandmother and uncle after cremation.

·      His statement is in line with the admission made by Biro Bai (PW-3), maternal grandmother, Balbir Singh (PW-2)(maternal Uncle.

·      On a collective appreciation of the evidence led by the prosecution, we are of the considered view that the prerequisites to raise presumption under Section 304B IPC and Section 113B of the Indian Evidence Act having not been fulfilled, the conviction of the appellant cannot be justified.

·      Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not be sufficient to convict the accused under Section 304B and 498A IPC

Decision of the Apex Court: The Division Bench of the #ApexCourt comprising Hon'ble Mr. Justice Abhay S Oka J & Hon'ble Mr. Justice Rajesh Bindal J vide their order dt.20.04.2023 held that conviction and sentence of the appellant under Section 304B, 498A and 201 IPC cannot be legally sustained & allowed the criminal appeal. The impugned judgment of the High Court is set aside.

Seema Bhatnagar

[advocateandconsultants]

Advocates in Faridabad - Advocate and Consultants

Looking for skilled advocates in Faridabad? Advocate and Consultants offer comprehensive legal services across various domains, including family law, criminal defense, property disputes, and more. Their experienced team is dedicated to providing personalized and effective legal solutions to meet your needs. Contact them today for expert legal assistance and representation.

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[triptishetty2]

The POCSO ACT: USE AND ABUSE OF LAW

The protection of children by the state is guaranteed to Indian citizens under Article 21 of the Indian Constitution. The State has enacted various acts for protection of children such as The Juvenile Justice Act 2000, The Prohibition of Child Marriage Act 2006, The Child Labour Act 1986. However, there were no specific laws addressing the issues of child sexual abuse in India.  Offences relating to sexual abuse of a child were covered under the general provisions of Indian Penal Code.

Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' was passed on 22 May 2012 making it an Act.  

The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.

The Act defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography.

It prescribes stringent punishment as per the gravity of the offence. The Act is a gender-neutral law where not reporting abuse is an offence. There is no time limit for reporting abuse and the Act enumerates provisions for maintaining the confidentiality of the victim's identity.

After the enactment of the act there has been a rise in the reporting of cases. The Special Courts have been set up wherein the facilities of dealing with these cases and providing a child-friendly atmosphere where the child victim may depose without fear.

A current trend is seen wherein the law is being misused.

In several matrimonial cases the POCSO Act is being invoked along with Section 498A of IPC which pertains to harassment and cruelty of the wife. Since the police authorities and investigating agencies do not view a complaint under Section 498A as a serious crime, allegations under the POCSO Act are being alleged for ensuring arrest of the husband and to pre-empt him from applying for custody of the child. Even in matters where “Habeas Corpus” petition is filed for obtaining custody or visitation rights of children, false cases under POCSO Act is filed so that father is kept away from the child. Children are being used as a tool to even settle property related matters. This is a dangerous trend as once an FIR is filed under the POCSO Act with serious allegations, the arrest in imminent of the Accused and at the pre-trial stage it is not possible for the Judge to interview the victim to find out the truth or to enter into meticulous analysis of the matter and arrive at a conclusion of innocence or guilt.

The Accused can approach the Sessions court and seek Anticipatory bail(prior to arrest) or bail (if arrested).

False cases especially against a father by the daughter have far reaching consequences on the mind of the child however when the battle between the husband and wife is bitter the child is used as a weapon by the parties to achieve their goal.

The law makers and the judicial officers should note this dangerous trend and should take steps to curtail the detrimental practice of using an innocent child for making false allegations.

Section 22 of the POCSO Act provides for punishment where false complaints are filed or false information is given. A false complaint by any person, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both.

To ensure that the purpose of the Act is not lost out through the blatant misuse of the same, investigative and procedural safeguards have to be set up and measures have to be evolved for strict implementation to check the menace of false allegations and the consequences that flow from it. Misusing the act by making a child file false allegations may affect the child life long. The provisions for punishment for filing false cases have to be strengthened.

The court must deal with care and caution and keeping in mind the possibility of false implication especially when allegations are made by married couple against each other under POCSO Act. The investigating authority must give its genuine opinion when called upon by court. The Court must arrive at the truth so that an innocent person is not made to suffer on account of malicious and false allegation.

To know more:

[kandpalmeera]

Domestic Violence Lawyers In Delhi

Domestic violence in India generally refers to violence committed by blood relations, although it also encompasses abuse perpetrated by male family members or relatives. Legal provisions for domestic violence lawyer in delhi are defined under the Protecting Women from Domestic Violence Act of 2005. Before this Act, Section 498-A of the Indian Penal Code governed domestic abuse in India. Section 498A makes it a crime if the husband’s family members or the husband himself harass the lady for dowry, and this harassment can be mental or physical. However, Section 498-A has limitations: it does not provide the victim with redress or compensation and applies only to married women. To address these inadequacies, the Domestic Violence Act of 2005 was enacted.

Domestic violence against women in India can take many forms, including physical, sexual, verbal, emotional, and financial abuse. If any of these scenarios occur, women have the right to seek divorce. The worried party should call a divorce lawyer or a domestic violence lawyer in delhi, who will handle all of the appropriate paperwork and offer professional advice on how to conduct your divorce.

Sharks of Law makes it easier to find top Domestic Violence Lawyers In Delhi. You can interact with New Delhi’s top advocates in significant legal venues, including the New Delhi High Court and Supreme Court. Sharks of Law provides experienced Domestic Violence Lawyers In Delhi to offer prompt and accurate legal guidance. Domestic Violence Lawyers In Delhi can help you with a variety of issues, including family disputes, matrimonial disputes, divorce, property disputes, and criminal law matters.

A lawyer’s experience and attitude are the most significant aspects of his reputation and are critical to the success and proper management of your case. Consult with top Domestic Violence Lawyers In Delhi before filing a case. Sharks of Law lawyers take the strategy of first identifying your specific legal requirement. We strongly advise you to contact a lawyer about your problem before hiring one. In this manner, you will be able to make more informed legal decisions. This will save you both money and time.

Sharks of Law educates people about legal issues and encourages critical thinking. We provide Legal Consultation. You can find a lawyer here.

Email: helpdesk@sharksoflaw.com

Help Desk: +91–88770–01993

[sumit01231]

Domestic Violence Lawyers In Delhi

Domestic violence in India generally refers to violence committed by blood relations, although it also encompasses abuse perpetrated by male family members or relatives. Legal provisions for domestic violence lawyer in delhi are defined under the Protecting Women from Domestic Violence Act of 2005. Before this Act, Section 498-A of the Indian Penal Code governed domestic abuse in India. Section 498A makes it a crime if the husband’s family members or the husband himself harass the lady for dowry, and this harassment can be mental or physical. However, Section 498-A has limitations: it does not provide the victim with redress or compensation and applies only to married women. To address these inadequacies, the Domestic Violence Act of 2005 was enacted.

Domestic violence against women in India can take many forms, including physical, sexual, verbal, emotional, and financial abuse. If any of these scenarios occur, women have the right to seek divorce. The worried party should call a divorce lawyer or a domestic violence lawyer in delhi, who will handle all of the appropriate paperwork and offer professional advice on how to conduct your divorce.

Sharks of Law makes it easier to find top Domestic Violence Lawyers In Delhi. You can interact with New Delhi’s top advocates in significant legal venues, including the New Delhi High Court and Supreme Court. Sharks of Law provides experienced Domestic Violence Lawyers In Delhi to offer prompt and accurate legal guidance. Domestic Violence Lawyers In Delhi can help you with a variety of issues, including family disputes, matrimonial disputes, divorce, property disputes, and criminal law matters.

A lawyer’s experience and attitude are the most significant aspects of his reputation and are critical to the success and proper management of your case. Consult with top Domestic Violence Lawyers In Delhi before filing a case. Sharks of Law lawyers take the strategy of first identifying your specific legal requirement. We strongly advise you to contact a lawyer about your problem before hiring one. In this manner, you will be able to make more informed legal decisions. This will save you both money and time.

Sharks of Law educates people about legal issues and encourages critical thinking. We provide Legal Consultation. You can find a lawyer here.

Email: helpdesk@sharksoflaw.com

Help Desk: +91–88770–01993

[meera1990-tiwari]

Domestic Violence Lawyers In Delhi

Domestic violence in India generally refers to violence committed by blood relations, although it also encompasses abuse perpetrated by male family members or relatives. Legal provisions for domestic violence lawyer in delhi are defined under the Protecting Women from Domestic Violence Act of 2005. Before this Act, Section 498-A of the Indian Penal Code governed domestic abuse in India. Section 498A makes it a crime if the husband’s family members or the husband himself harass the lady for dowry, and this harassment can be mental or physical. However, Section 498-A has limitations: it does not provide the victim with redress or compensation and applies only to married women. To address these inadequacies, the Domestic Violence Act of 2005 was enacted.

Domestic violence against women in India can take many forms, including physical, sexual, verbal, emotional, and financial abuse. If any of these scenarios occur, women have the right to seek divorce. The worried party should call a divorce lawyer or a domestic violence lawyer in delhi, who will handle all of the appropriate paperwork and offer professional advice on how to conduct your divorce.

Sharks of Law makes it easier to find top Domestic Violence Lawyers In Delhi. You can interact with New Delhi’s top advocates in significant legal venues, including the New Delhi High Court and Supreme Court. Sharks of Law provides experienced Domestic Violence Lawyers In Delhi to offer prompt and accurate legal guidance. Domestic Violence Lawyers In Delhi can help you with a variety of issues, including family disputes, matrimonial disputes, divorce, property disputes, and criminal law matters.

A lawyer’s experience and attitude are the most significant aspects of his reputation and are critical to the success and proper management of your case. Consult with top Domestic Violence Lawyers In Delhi before filing a case. Sharks of Law lawyers take the strategy of first identifying your specific legal requirement. We strongly advise you to contact a lawyer about your problem before hiring one. In this manner, you will be able to make more informed legal decisions. This will save you both money and time.

Sharks of Law educates people about legal issues and encourages critical thinking. We provide Legal Consultation. You can find a lawyer here.

Email: helpdesk@sharksoflaw.com

Help Desk: +91–88770–01993

[aktiwariblog]

Best Divorce Lawyer in Noida Extension - Advocate AK Tiwari

Advocate AK TIWARI AND ASSOCIATES is a law firm that has a team of eminent and dedicated lawyers practicing in various courts in India. Representing clients all over India in matters of primarily Divorce, Domestic Violence, Dowry, Child Custody, Maintenance, FIR under section 498A, 323, 504, 506, 406, 3/4 DP Act, Bails at Lower Court and High Court, Stay on arrest, Consumer Disputes, Cheque Bounce, Cheating, Forgery, Insurance Cases, Eviction, Partition Suit, Recovery Suit and more. For more details call us @ 9616166166.

[sllegalservices]

Navigate the complexities of IPC Section 498A, addressing dowry harassment in India. Understand its objectives, punishments, and legal nuances. Learn about famous case laws like Arnesh Kumar v. State of Bihar and Rajesh Sharma & Ors. v. State of U.P. Get legal insights and safeguard women's rights. If you're in Chandigarh and seek legal assistance, contact SL Legal Services, home to top criminal lawyers.

[soolegal]

#𝐊𝐧𝐨𝐰𝐓𝐡𝐞𝐋𝐚𝐰

Section 498A of the Indian Penal Code, the Dowry Prohibition Act 1961 and the Protection of Women from Domestic Violence Act 2005 are the laws that govern Domestic Violence in India.

[advocateandconsultants]

Domestic Violence and Section 498A IPC - Advocate and Consultants

Need expert legal assistance with domestic violence and Section 498A IPC cases? Advocate and Consultants in Faridabad provide comprehensive legal support and guidance for individuals facing or fighting allegations under Section 498A of the Indian Penal Code. Their experienced team ensures your rights are protected and offers strategic solutions tailored to your case. Contact them for professional and compassionate legal counsel.

Tags- #BestMatrimonialCaseAdvocatesinFaridabad #ChequeBounceCaseLawyersinFaridabad #Bestcivilcaseadvocateinfaridabad #CriminalCaseAdvocatesinFaridabad #BestAdvocatesinFaridabad #BestCriminalLawyerinDelhiNCR #BestLawyerinfaridabad #AdvocatesinFaridabad #CourtMarriage/MarriageRegistrationinFaridabad #DomesticvoilenceandSection498AIPC #Divorcelawyerinfaridabad

[triptishetty2]

The POCSO ACT: USE AND ABUSE OF LAW

The protection of children by the state is guaranteed to Indian citizens under Article 21 of the Indian Constitution. The State has enacted various acts for protection of children such as The Juvenile Justice Act 2000, The Prohibition of Child Marriage Act 2006, The Child Labour Act 1986. However, there were no specific laws addressing the issues of child sexual abuse in India.  Offences relating to sexual abuse of a child were covered under the general provisions of Indian Penal Code.

Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' was passed on 22 May 2012 making it an Act.  

The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.

The Act defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography.

It prescribes stringent punishment as per the gravity of the offence. The Act is a gender-neutral law where not reporting abuse is an offence. There is no time limit for reporting abuse and the Act enumerates provisions for maintaining the confidentiality of the victim's identity.

After the enactment of the act there has been a rise in the reporting of cases. The Special Courts have been set up wherein the facilities of dealing with these cases and providing a child-friendly atmosphere where the child victim may depose without fear.

A current trend is seen wherein the law is being misused.

In several matrimonial cases the POCSO Act is being invoked along with Section 498A of IPC which pertains to harassment and cruelty of the wife. Since the police authorities and investigating agencies do not view a complaint under Section 498A as a serious crime, allegations under the POCSO Act are being alleged for ensuring arrest of the husband and to pre-empt him from applying for custody of the child. Even in matters where “Habeas Corpus” petition is filed for obtaining custody or visitation rights of children, false cases under POCSO Act is filed so that father is kept away from the child. Children are being used as a tool to even settle property related matters. This is a dangerous trend as once an FIR is filed under the POCSO Act with serious allegations, the arrest in imminent of the Accused and at the pre-trial stage it is not possible for the Judge to interview the victim to find out the truth or to enter into meticulous analysis of the matter and arrive at a conclusion of innocence or guilt.

The Accused can approach the Sessions court and seek Anticipatory bail(prior to arrest) or bail (if arrested).

False cases especially against a father by the daughter have far reaching consequences on the mind of the child however when the battle between the husband and wife is bitter the child is used as a weapon by the parties to achieve their goal.

The law makers and the judicial officers should note this dangerous trend and should take steps to curtail the detrimental practice of using an innocent child for making false allegations.

Section 22 of the POCSO Act provides for punishment where false complaints are filed or false information is given. A false complaint by any person, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both.

To ensure that the purpose of the Act is not lost out through the blatant misuse of the same, investigative and procedural safeguards have to be set up and measures have to be evolved for strict implementation to check the menace of false allegations and the consequences that flow from it. Misusing the act by making a child file false allegations may affect the child life long. The provisions for punishment for filing false cases have to be strengthened.

The court must deal with care and caution and keeping in mind the possibility of false implication especially when allegations are made by married couple against each other under POCSO Act. The investigating authority must give its genuine opinion when called upon by court. The Court must arrive at the truth so that an innocent person is not made to suffer on account of malicious and false allegation.

To know more:

[nsebell]

Sec 498A being used as tool to unleash 'legal terrorism': Calcutta HC | India News

KOLKATA: Section 498A of the IPC that deals with harassment or cruelty towards a woman by her husband or in-laws often becomes a tool to “unleash legal terrorism” in the name of seeking justice, the Calcutta HC said on Monday while dropping criminal proceedings against a man accused of domestic violence by his ex-wife. “The legislature enacted the provision of Section 498A to strike out the dowry…

[blogynews]

"Breaking News: Calcutta HC Reveals Shocking Ruling on Women and Legal Warfare - You Won't Believe What Happened!"

The Calcutta High Court expressed its concern on Monday over the misuse of Section 498A of the Indian Penal Code (IPC), which criminalizes cruelty against women by their husbands or relatives. Justice Subhendu Samanta, a single-judge, stated that while Section 498A was originally introduced for the welfare of women, it is now being misused through the filing of false cases. The judge referred to…

[blogynewz]

"Breaking News: Calcutta HC Reveals Shocking Ruling on Women and Legal Warfare - You Won't Believe What Happened!"

The Calcutta High Court expressed its concern on Monday over the misuse of Section 498A of the Indian Penal Code (IPC), which criminalizes cruelty against women by their husbands or relatives. Justice Subhendu Samanta, a single-judge, stated that while Section 498A was originally introduced for the welfare of women, it is now being misused through the filing of false cases. The judge referred to…