Blind/open misuse of law - section 354a by girl


1. Now a day’s many false cases and misuse of section 354A by girls.  Government must need to make the law fare and it should not be used to misuse by any girl to defame any innocent person.

This section has provision that , any girl can lodge the complaint /FIR even for back dated (Framed)incident in the any other reason fit of rage and section says even if girl says that men has touched him inappropriately that too without any eye witness, then also police shall arrest the person without immediate investigation and send him to police custody and then person will have to apply for the bail and incase that is holiday or if too late in evening then he will have to remain in police custody throughout night without given him a chance to prove his innocence.

2.Another important point in this , that any girl can use this section 354 A to misuse or harass any men , wherein no any damages  to girl image as she can simply say that boy touched inappropriately or even starred at her with wrong intension.

3. Most encouraging provision for girl to misuse this law by girl to defame any innocent , since after FIR , she even need not to hire the advocate to prove what she claimed or complaint nor she have to attend the trial , so she has nothing to lose by false complaint /misuse , and only sufferer is the that person against whom she use section 354A. How cruel law this is ??

4. Does lawmakers thought about this possible misuse..... while writing such law?? Does they thought about blind misuse of this section by any girl and its immidiate consequences on any innocent male? 

5. Recently, I came across such case in my relation and hence sharing this. The girl has lodge the false complaint against her own relative for taking revenge on other family issue/fight/conflict.  This is very cruel one sided law and very painful when it is experienced that how blindly/openly being misuse this section 354A by girl.

6.  Any suggestion/advice /support for such open misuse of this section 354A?

 
Reply   
 
Lawyer

agree with ur opinion.

since framer of constitution have also consider this fact while drafting it.

Its up to you how to use or mis use it. Both side have its own side effects.

 
Reply   
 



Misuse of 354 A by Female Section 354 A of Indian Judiciary Law was introduced to protect the women and their dignity in the country ;However the flaw remained as it was framed as one sided Law which overlooks dignity of Men in the country. As a result many false cases and misuse of section 354A by females have been reported till date . It is a request and need of the hour that Government must make the law fool proof so that its not misused by any female to defame /trap any innocent person for their personal grudges/fights. 1. This section has provision that , any Female can lodge the complaint /FIR even for back dated incident in a fit of rage and section says even if female quotes that some men has touched her inappropriately that too without any eye witness, still police can arrest the person without preliminary investigation and send him to police custody without any evidence proving the allegations. 2. Another important point in this , that any female can use this section 354 A to Harass male members by falsely implicating him the charges in order to take personal revenge or settle family disputes, since this section supports Female version/complaint is prima face final without any evidence/eye witness 3. The interesting part of the story is that the female who is lodging the complaint need not even hire any lawyer to defend her side nor need to attend the trails. The person who is implicated needs to face the trails and struggle to prove his innocence and have to spent on lawyer fees, it means multiple one sided trauma and harassment . The law fails in controlling the crime instead has become a tool for few people who use it to frame people easily for handling family issues and personal fights. The law is one sided and has a blind eye towards the other part of the story. 4. It is high time to amend the provisions of the law by balancing both parties so that justice is not denied to the innocent person 5. Recently, I came across a relevant case of my close relative & hence sharing this. The female member is a distant relative and has lodged a false complaint against her own relative for taking revenge on other family issue/fight/conflict. In such case there is not only defamation of the family but also lead to mental harassment which can even lead to critical permanent health damages which are irreparable. 6. Any suggestion/advice /support for such open misuse of this section 354A?
 
Reply   
 
CEO

Although there is  scope for misuse there is ample likelyhood of  majority of males succumbing to lust  and touching women at inappropriate places to outrage her modesty. For the benefit of cause of women  lot, few innocents need to be abused or sacrificed.But stringent action need to be taken against the false complainant by  slapping hefty fine on her  so as to prevent  such abuse in future and  to act as a deterrent. agsainst false complaints.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu