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
The Supreme Court repeated a significant observation regarding rape cases, emphasizing that when a conviction relies solely on the testimony of a single witness, particularly the victim herself, such evidence must inspire absolute confidence in the Court. The Court, while acknowledging the substantial weight given to victim statements in such sensitive cases, stressed the paramount importance of […]
Live in Relationship in India: Indian Society, which prides itself on ‘sanskar’ and ‘family’, is undergoing a metamorphosis in the Twenty-First Century. The Familial bonds are weakening. Also, many people stay away from their families in cities, mini-metros, and metros. These people staying as singles get into relationships more often than any other generation and have started a trend of […]
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 […]
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 […]
Age Determination of Rape Victim Offences related to sexual violence and sexual assault are very heinous, and if the victim is a minor, then her consent is statutorily and judicially of no value altogether. In such cases, in contrast to the common practice, the onus of proof is on the accused rather than the victim. […]
Would Removing Exception 2 from the Rape Law Benefit Indian Women? Sec 375 of the IPC (Rape: Proposed Section 63 of The Bharariya Nyaya Sanhita, 2023) mentions rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud, or at a time when she has been intoxicated or […]
Off with their heads; Off with their heads. Cried the red queen. We would fix the blame later. The above lines from “Alice in Wonderland” ring much too often in my ears whenever I see mob justice and people glorifying it and when the media is satisfied beating drums just to assist the brainwashing of […]
Court: Allahabad High Court Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Sandeep Kumar Mishra vs State Of U.P. on 16 February, 2023 Law Point: False allegations of sexual assault on the rise JUDGEMENT 1. Heard Shri Sudhir Mehrotra, Shri Pulak Ganguly, learned counsels for the applicants and Shri Shivam Yadav, learned counsel for the informant […]
Court: Allahabad High Court Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Nafisa And 4 Others vs State Of U.P. And 3 Others on 16 January, 2023 Law Point: False Rape Case accuser gang bail dismissed JUDGEMENT 1. At the very outset, learned counsel for the petitioners states that he does not propose to file any rejoinder affidavit […]