The Ministry of External Affairs and Ministry of Women and Child Development have reported that UN Committee on Elimination of Discrimination against Women has recommended to India interalia, to criminalise marital rape. The Law Commission of India,
Instead of getting examined on oath, the complainant filed unsworn/undated affidavit. The respondent lost the right of cross-examination which is precious right due to unsworn/undated affidavit. The case is proceeding for the trial.
The provisions u/s 200 Cr.P.C was not adhered and the magistrate summoned the accused persons.
Can the petition u/s 461 Cr.P.C can be filed as failure of justice has occasioned?