CASE STUDY IPC 498A

Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. In this case it was held that evidence as to harassment to the wife to meet any unlawful demand for money is necessary to constitute cruelty in criminal law. After referring to the directions, the Court concluded that the direction with respect to Family Welfare Committees and their duties are not in accordance with any provision of Code of Criminal Procedure, Arrest warrant should be issued only against the main accused and only after cognizance has been taken. The Court also referred to other cases for gauging the scope of cruelty such as Mohd. The court has in another case not punished the guilty under S.

Punjab and Haryana High Court Allegations are general in nature. Gaurav Kumar Singh Vs. Criminal breach of trust. It is a matter of common experience that most of these complaints under section A IPC are filed in the heat of the moment over trivial issues without proper deliberations. Media, Telecoms, IT, Entertainment. They brushed aside evidence that couple was living happily right up to the point of incident taking place.

Madhya Pradesh High Court Cruelty. Material relied upon by appellants is sufficient to condemn factual basis of accusation as false. The abuse of this section is rapidly increasing and the women often well- educated know that stydy.

Subscribe so that you never miss another post! Union of India [3]the Apex Court remarked that the object of the provision is prevention of the dowry menace.

a Judgments: a Landmark Judgements – Indian Penal Code a

It does not confer arbitrary powers on courts. Cases of cruelty by the husband and relatives of the husband which culminate in suicide by or murder of hapless women concerned constitute only a small fraction of cases involving such cruelty.

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case study ipc 498a

Nadkarni and Senior Advocate Sri V. Who decides this Proximity? It casf further argued that the social purpose behind Stud A IPC is being lost as the rigour of the said provision has been diluted and the offence has practically been made bailable by reason ccase various qualifications and restrictions prescribed by various decisions of this Court including Rajesh Sharma v.

High Court Of Allahabad Section A — No evidence on record cass prove that complainant suffered from any mental and physical cruelty in the hands of accused — Accused rightly acquitted.

Then wife files a false a which the court openly condemns. We all knw and hopefully agree that law can never be perfect. In the last 20 years of criminal law reform a common argument made against laws relating to violence against women in India has been that women misuse these laws.

Articles like these only further strengthen false notions about this provision. So many families are weeping because of this shame on our democracy. The divorce petition, which was instituted by the wife Smt.

Important Judgments on Section A of IPC

The Indian Penal Code, was amended in the year stury include the provisions of Section A which deals with the punishment of the husband and his relatives if a married women is subjected to cruelty which is likely to drive a woman to commit suicide or cause grave physical or mental injury to her, and harassment with a view to coercing her or any of her relatives to meet any unlawful demands of property. Patna High Court Indian Penal Code, — Sections A, — Cruelty — Disappearance of evidence — Testimony of DWs reliable — No positive evidence with regard to cruelty meted out to deceased in the period she was residing in her matrimonial house — Paucity of evidence in syudy of prosecution case — Unsafe to rely on vague statement given by informant — Order of conviction and sentence set aside.

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April 27, 0. The text of the law is given below: June caes, 0. Mere mention of such aspect in FIR not sufficient to take it as a substantive piece of evidence. iipc

Without any specific allegations against accused Nos. Daud Mohamad Aga and Ors.

case study ipc 498a

But what this would do is that it would give a fair chance to the man and above all help meet the ends of justice. Here are some recent judicial observations. May 16, 0. At least you will realise you are NOT alone, you will see that this is a giant industry out there.

498a Landmark Judgements

July 4, 0. This section tries to maintain that every married woman needs to be given due respect and treated with care.

Thus, the Court laid down certain guidelines which the police officer must follow while arresting under Section A, IPC or Section 4 of the Dowry Prohibition Act, and that such arrest must be based on a reasonable satisfaction with respect to genuineness of the allegation. Accused is acquitted of offences charged and released from custody. In some of cases, cruelty of the husband and the relatives of the husband which culminate in suicide by or murder of the helpless woman concerned, which constitute only a small fraction involving such cruelty.

Quoting the Honourable Apex court: After referring to the directions, the Court concluded that the direction with respect to Family Welfare Committees and their duties are not in accordance with any provision of Code of Criminal Procedure,