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
Court: HIGH COURT OF DELHI CRL.M.C.7262/2006 Bench: JUSTICE SHIV NARAYAN DHINGRA Smt. Neera Singh vs THE STATE (GOVT. OF NCT OF DELHI) and ORS on 23.02.2007 Mr. L.B. Rai and Mr. V.K. Singh, Advocates For the appellant. Mr. Vikas Arora, Adv. For the respondent. Ms. Richa Kapoor with Ms. Sukriti Bhardwaj, Advocates for State. Law […]
Communication between Husband and Wife is considered “Privileged Communication” besides being personal and sensitive at most times. As per the Law Dictionary, a conversation that takes place within the context of a protected relationship between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient is called Privileged […]
So what is Bail? The word Bail is not defined in CrPC but it has to be understood as a concept. Bail means release of a person from custody of police and his delivery to the sureties who undertake to produce him in court upon appointed day. The jurisprudence of bail deals with the procedural […]
We all know that one of the cardinal principles of the criminal justice system is that an accused is presumed to be innocent unless proven otherwise. In the Indian justice system, it is aid if two views are possible, one pointing towards the guilt of the accused and the other towards his innocence, that favourable […]
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 […]
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 […]
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 […]
498A Myth Buster | FAQs on 498A | Detailed Information on 498A IPC Punishment Myths about 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharariya Nyaya Sanhita, 2023) range from it can not be filed after seven years of marriage, to arrest is guaranteed in […]
Steps in 498A Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra: This is the first step for 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) in most states. A complaint is lodged in the Police Station, which is transferred to […]