Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Approved by Indian Parliament in year 1983, Indian Penal Code 498a (Husband or relative of husband of a woman subjecting her to cruelty: Section 85 & 86 of The Bharariya Nyaya Sanhita, 2023) is a criminal law (not a civil law) which is explained as follows, “Whoever, being the husband or the relative of the […]
It would seem challenging to amend the criminal complaint at the outset, as the Indian Laws don’t provide any express provision. However, in a recent case, S.R. Sukumar v. S. Sunaad Raghuram [Criminal Appeal No. 844 of 2015], the Supreme Court ruled that if the amendment is sought to be done in the complaint and […]
Before understanding the difference between review, revision and appeal under the Civil Procedure Code of 1908, let’s examine the Bare Act. Review is a provision under Section 114, which states: Subject as aforesaid, any person considering himself aggrieved- by a decree or order from which an appeal is allowed by this Code, but from which […]
Is India Rape Capital Tag Justified Suddenly, the middle class got paranoid about the safety of their sisters, wives and daughters when ‘India’s Daughter’ was re-re-provoked by interest in Rapes happening in India. Re-re-provoked? Oh, just a couple of months back, it was Uber Rape Case, and then a few months back, there were two bodies […]
ADMISSIBILITY OF CALL RECORDINGS BEFORE COURT AS EVIDENCE IN MATRIMONIAL DISPUTES Over the period, more and more matters have come before the court wherein one or both of the parties to the dispute rely on electronic evidence such as phone recordings, screenshots of chats/texts, etc. However the focus of this article is merely phone recordings […]
Misuse of 498A IPC 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) was added after an amendment was approved by the Indian Parliament in the year 1985. Indian Penal Code 498A (Husband or relative of husband of a woman subjecting her […]
What is Anticipatory Bail? Anticipatory bail means bail in anticipation of an arrest. Any person apprehended under arrest under a non-bailable offence in India can apply for Anticipatory Bail under section 438 of The Code of Criminal Procedure, 1973. It is bail before arrest; a person arrested cannot seek Anticipatory Bail CrPC; he would have […]
For the last two days, I have been reading news of AAP MLAs demanding CCTV cameras in their office and homes. The said demand was accepted by the speaker, citing that they are under threat of being framed in false cases of molestation. At least 12 MLAs of the Aam Aadmi Party have been booked […]
Burden of Proof in Rape Cases | #FalseRape Accusation and Defence A lot of people imagine and believe that in Rape cases the burden of proof is on the accused and the statement of the girl is taken as Gospel’s truth. This kind of beliefs were prevalent about 498A (Husband or relative of husband of […]
Voidable Marriage under HMA The concept of marriage is a sacred institution which forms a relationship between husband and wife. The right to marry is one of the components of the Right to Life under Article 21 of the Constitution of India. The Hindu Marriage Act of 1955 governs the concept of Hindu marriages. Marriage […]