April 12, 0. Criminal Procedure Code, The learned 6th Additional Sessions Judge was so insensitive that he did not even mention the justification for keeping the petitioner in prison and has just put the seal of approval on the cancellation of bond and putting the petitioner behind the bar. Supreme Court Of India Cruelty or harassment by husband or any relative of his for or in connection with any demand of dowry to reiterate is gravamen of two offences — Presumption as to dowry death would get activated only upon proof of fact that deceased lady had been subjected to cruelty or harassment for or in connection with any demand for dowry by accused and that too in reasonable contiguity of death. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Venkatesan Section A of the Indian Penal Code, which deals with dowry harassment of a woman by either her husband or his relatives. Pl note the court talks of making a compoundable and NOT bailable in this case!
In the modern days the abuse of this section is rapidly increasing and the women often well educated to know this section is cognizable and non- bailable. Fair and just investigation is hallmark of any investigation — It is not duty of Investigating Officer to strengthen case of prosecution by withholding evidence collected by him — Fair investigation is right of accused and this right can be exercised by accused at time of charge — Accused can insist upon Court to consider evidence collected by Investigating Officer but not made part of charge-sheet. Shivanand Mallappa Koti Vs. This was simply because According to the court, even though there were dowry demands in the past, the court felt that Proximity of the death to be caused due to such a demand was unlikely . Article 21A provides for free and compulsory education to all children from the ages of six to 14 years. Visits by sister in laws cannot be treated as occasions where they harassed the wife.
Important Judgments on Section 498A of IPC
B 5Lalita Kumari v. Sunil Dutt Sharma And Ors. November 29, 0. June 26, 0. In a case before Supreme Court it was observed that this section has given a new dimension to the concept of cruelty for the purposes of matrimonial remedies and that the type of conduct described here would be relevant for proving cruelty.
Considering the stringent consequences imposed by the law and the inordinate delays inherent in the legal system, no ordinary citizen, male or female, would be impudent enough to risk being implicated under this law for the sake of satisfying their monetary or even sadistic desires for that matter.
Subscribe so that you never miss another post! The various facts and circumstances would clearly indicate that the complaint submitted by P. March 27, 0.
Many a hapless husbands and in laws have become victims of their vengeful daughter-in-laws. Thereafter she changed her stand because her husband pronounced triple talaq.
Looking into the recent observations and the increase in the misuse of this Section, there should be certain amendments which should be brought up in this law: The meaning of cruelty is given in explanation to section A.
Presently, the endeavor in this direction is quite minimal. July 3, 0.
Falguni Anirudh Pradhan and Ors. In the modern days the abuse of this section is rapidly increasing and the women often well educated to know this section is cognizable and non- bailable. The challenge before the community is to studh the promotion of both values. It is strenuously argued stury the petitioner that the investigating agencies and the courts start with the presumptions that the accused persons are guilty and that the complainant is speaking the truth. March 30, 0.
a Judgments: a Landmark Judgements – Indian Penal Code a
Punjab and Haryana High Court Bail once granted should not be cancelled unless a cogent case, based on a supervening event, is made out. Publication policy Submit article. Our experience shows that, apart from the husband, all family members are implicated and dragged to the police stations. In the ccase Hon. The husband applied for anticipatory bail which failed.
August 29, 0. There is tendency to involve entire family members in domestic quarrel. Complainant in her belated complaint has without any justification and basis tried to entangle all relatives of her husband. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations….
Trial Court Rightly Discharged Respondents: In their judicial observations and remarks, the courts have expressed deep anguish over this law. Energy and Natural Resources. Therefore, the Court acquitted them and held that the Court must guard against false implication of the relatives. Neither date nor time or place mentioned that as and when, by whom she was subjected to cruelty.
Supreme Court Of India Cruelty or harassment by husband or any relative of his for or in connection with any demand of dowry to reiterate is gravamen of two offences — Presumption as to dowry stydy would get activated only upon proof of fact that deceased lady had been subjected to cruelty or harassment for or in connection with any demand for dowry by accused and that too in reasonable contiguity of death.
June 30, 0. Delhi High Court Dase of justice if two old and aged petitioners viz.