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Read on to know what happens to men who marry in India

Posts Tagged ‘ipc’

P7 news channel – Kayda Kanoon

Posted by iluvshrutiverma on March 4, 2010

http://wp.me/plC3a-ck

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498a v/s 302

Posted by iluvshrutiverma on January 17, 2010

Courtesy: Shekhar

1.302 you are the only accused 498A you along with parents, friends, neighbor, pets etc etc are in the accused list.

2.In 302 if you acquitted in false cases then you are a free man.In 498A if you acquitted in false cases you have to pay maintenance (courtesy CrPc 125 ,24 HMA,DV) Alimony etc etc.

3.In 302 you don´t have to worry for your Hose, Car, Flat bank balance etc etc. In 498 A you have to worry for all these (courtesy DV Act)

4.In 302 your council has a less chance to take you for a ride In 498A you are totally depend in your council and he can take you for ride.

5.In 302 if you arrested you will treated as a “someone” in jail and after that there is many other carrier option like politics, Mafia,Don etc etc In 498A you will treated as a 2nd class citizen in jail. No lucrative carrier option likes above.

6.After 302 bail/acquittal you can spend time with your children.In 498A you are not able to even see your children.List goes on and on.

http://wp.me/plC3a-bj

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Big Bang v/s Staggered Approach

Posted by iluvshrutiverma on January 16, 2010

Every commando who fights back will reach this stage at some point in time. He will have so much ammunition that he will start to wonder whether to use all of that together (big bang) or use them at regular intervals of time (staggered approach).

Some of the points that he should consider are the following:

1. There is a significant time lag between when you initiate action from your side and when some activity actually happens.

E.g. You might file a complaint with a public authority (police, court, health department) today but it might easily be a few months before they initiate any official action on it.

2. Do not under-estimate your opponent. Big bang approach works well if you are able to break your opponent completely with the big bang, but if the opponent survives then the survivor is much more strong than what he was before.

If the opponent is strong (egoistic), then it is more appropriate to break him down gradually.

3. Keep in mind the future ‘pipeline’ of ammunition. E.g. Defamation and damages are ‘Contingent ammution’ today. They will become real once you have some public authority’s order in your favor. So, if your pipeline is strong, then you can afford to use all your present ammunition today, because next quarter and 2 quarters from today you are expecting new ammunition.

http://wp.me/plC3a-bd

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धारा 498-अ के मिसयूस पर सरकार गंभीर

Posted by iluvshrutiverma on December 9, 2009

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NDTV Video Double Edged Sword

Posted by iluvshrutiverma on December 9, 2009

Look at what NDTV has to say:

1. 498A is a law through which all concerned are making money ..

2. “the police is making money, the lawyers are making money, the judges are making money”

3. The police do not conduct any investigation at all ..”not even an iota of it”. They just make the arrest.

4. DV act kicks the husband out of his own house.

http://www.youtube.com/watch?v=MkKTveOYGQg

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Self-immolation bid ‘to teach in-laws a lesson’ backfires

Posted by iluvshrutiverma on December 7, 2009

http://mid-day.com/news/2009/dec/071209-attempted-suicide-woman-booked.htm

Cops book woman for attempting suicide after they find no harassment
A woman who set herself ablaze after a quarrel with her in-laws has been booked for attempting suicide, as the police believe she did it only to get her way by dangling the sword of the domestic violence law over her husband’s parents.

Mary Sunitha (35), who was admitted to the Victoria hospital burns ward, told the police that she had set herself on fire because she was unable to bear the harassment she was subjected to by her in-laws.

At first the police thought it was another case of dowry harassment, but investigations by Assistant Sub Inspector Shanth Rajaiah made them change their opinion. Now Sunitha can be sentenced to a year’s imprisonment by the court for attempting suicide.

Denied expenses

The police said Sunitha used to spend most of her time outside the home, which had irked her in-laws. They said though Sunitha and her husband, Stephen Raj, worked with a private firm and earned well, she would give her in-laws not more than Rs 300 per month for their expenses.

The police said one day Sunitha’s father-in-law had had enough and decided to talk to her. He objected to her attitude towards the home and scolded her for spending her time outside.

Playing with fire

The police said Sunitha decided to “teach her in-laws a lesson” by attempting suicide as that meant they could be booked for domestic violence. The relevant law holds the in-laws responsible for pushing their son’s wife towards suicide in case they have subjected her to mental or physical harassment.

Sunitha doused herself with kerosene and set herself ablaze. Stephen Raj, with the help of neighbours, rushed her to a private hospital and later shifted her to Victoria, where she is said to be out of danger.

Assistant Sub Inspector Rajaiah of the Gangammana Gudi police station investigated the case, in the course of which he also recorded Sunitha’s statement, and concluded that taking the extreme step was unwarranted in the circumstances. The officer found Sunitha’s actions directed only towards putting members of the family in trouble.

After consulting his seniors, Rajaiah booked her for attempted suicide.

False cases on rise

A senior judicial officer, who did not want to be named, said of late a majority of dowry harassment and domestic violence cases were turning out to be abuse of the law by women who were using it as a tool to blackmail husbands or in-laws. “A rough estimate is that over 80 per cent of such cases are fake and result in acquittal of those accused of domestic violence,” said the judicial officer.

In the law book Attempt to suicide is treated in Sec 309 of IPC
Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for term which may extend to one year (or with fine, or with both).

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States told to prevent harassment of husbands

Posted by iluvshrutiverma on December 3, 2009

Thursday, 03 December 2009 18:30
New Delhi, Dec 3 (IANS) The government has received several representations regarding misuse of an Indian Penal Code (IPC) provision that deals with dowry harassment and an advisory has been issued to state governments to prevent its misuse, the Lok Sabha was informed Thursday.
In a written reply, Minister of Law and Justice M. Veerappa Moily said: “A number of representations have been received from various quarters regarding the misuse of the provision of Section 498A of IPC. Information regarding its misuse is not collected by the National Crime Records Bureau.”
Section 498A of the IPC deals with cases of dowry harassment.
“The matter has been referred to the Law Commission of India to study the use of the provision of this section and hold consultations and suggest amendments, if any, to the provision.
“An advisory has also been issued to the state governments to prevent the misuse of the said section,” he added.

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Employers cannot be forced to take back convicts: HC

Posted by iluvshrutiverma on December 1, 2009

Various law enforcement (a.k.a police) and criminal trial authorities (a.k.a. courts) need some serious training as to what different sections of I.P.C. mean.

In the below case, the whole trial happened under both IPC 302 and 306.

302 is punishment for murder. 306 is abetment to suicide. Isn’t it common sense that the death was either a murder or a suicide? How can it be both?

(For my blog readers who have advanced knowledge of law: Even if it was suicide that is assumed to be dowry death, then also section 304 (b) should apply and not 302.)

My country is great. A person was in custody for 5 years and absolutely no one (police, court, lawyer) objected to the mis-founded justice.

http://www.dnaindia.com/mumbai/report_employers-cannot-be-forced-to-take-back-convicts-hc_1318652

Mumbai: Employers cannot be forced to retain an employee convicted for a serious offence, ruled the Bombay high court.

In a judgment last week, justice Dr DY Chandrachud set aside two judgments of a labour and industrial court, which early this year had directed Tata Power Limited to reinstate an employee and also pay him back wages since 1998.
The court also ruled that holding of departmental inquiry is not compulsory if the employee stands convicted for a criminal offence.
“Once there is a conviction by a court of law and conviction is of criminal offence involving moral turpitude, the charge of misconduct stands established. In a case, where a workman had been convicted by a court of competent jurisdiction, the holding of departmental inquiry would be entirely superfluous,” observed justice Chandrachud.
The court was hearing an appeal filed by Tata Power Ltd. The power giants had moved high court, challenging the orders of labour as well as industrial courts, which had directed them to reinstate one KT Mane and also to pay him back wages since 1998.
Mane, according to the 14-page judgment, was convicted under section 498A and 306 by a session court in December, 1997. Mane was also arrested under section 302 after his wife died due to burn injuries in December 1993. The session court, however, acquitted him of murder charges, but convicted him for five years imprisonment for the other two charges. He was released from prison in February 1998, as he was in custody since his arrest in December 1993.
The company had then refused him to reinstate on the same post and had also issued him a show-cause notice. Mane then moved labour court that ruled in his favour. Even the industrial court had judged in favour of Mane.
The judgment further says: “Both the labour court and the industrial court failed to appreciate the correct legal position and manifestly erred in holding that the action of the employer of dismissing the workman had to be set aside for want of a departmental inquiry.”
Observing that the workman failed to discharge his moral duties, justice Chandrachud also set aside the lower court’s order of paying back wages to the workman.
The court has also granted liberty to Tata Power to withdraw Rs1.71 lakh deposited with the labour court.

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Orissa villagers file case for female monkey!

Posted by iluvshrutiverma on November 30, 2009

India has taken male torture to an altogether new height by extending the gender bias against males to animal species also:

http://in.news.yahoo.com/139/20091117/808/tnl-orissa-villagers-file-case-for-femal.html

Bhubaneshwar (Orissa), Nov 17 (ANI): In a bizarre development, residents of a village near Bhubaneshwar, Orissa, have filed a case against a male monkey for attempting to attack and kill a female monkey and its newborn.

The case was filed at a police station near the village.

Villagers said in their complaint that the male monkey- Raja had been consistently trying to attack the female monkey- Jhumri and its dear newborn at Astaranga.

Police have registered a case under three sections of the Indian Penal Code, which includes section 363 (kidnapping), 366 (abducting for slavery) and 507 (criminal intimidation by anonymous communication) and 511 (punishment for attempting to commit offences).

“If a female will place a complaint before me about her son going to be kidnapped or murdered by anyone, then a cognizable offence under section 366, 363, 507 and 511 of the Indian Penal Code will be registered. The accused and his associates would also be arrested and necessary police protection would be given,” said Jatindra Kumar Das, a police official.

According to the complaint filed before the Police, Raja had already killed its first child and was now hunting down its second baby as well. (ANI)

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