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Ravi (a)     04 June 2014

498a vs dp 3/4

folks - i dont know one thing.
 why all FIRs are booked under both 498a and DP3and4?

 

are 498a and DP3/4 different? if not, what is the main difference? dowry demand and dowry harassment are diffent?

 

also, let me know what is the meaning of continuing offence? what is rejoinder?



Learning

 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

Yes they are different.

 

A demands Rs. 100/- in connection of marriage from B's father is a crime

A beats B for not giving Rs. 100/- in connection of marriage is a separate crime.

 

Continuing offence means an offence carried out in a continuous manner, A beats B on Day 1, 10, 19, 30 and then threatens B that he would beat him on Day 100. B gets scared and is traumatized because of the so called beatings on Day 1, 10, 19 and 30th. The offence till Day 100 is a continuous offence.

 

Rejoinder is Plaintiff's answer to the Defendant's Reply.

 

 

 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Ravi (a)     04 June 2014

Thank you sir.

here is the situation... let me know your views against each one of them.

B's father created a situation or trapped  A or A's father for the want Rs. 100/- on a paper. Is it still DP4? but then B still possess Rs.100/- in her custody after marriage? is it a crime?

A never abused B but B lies 100 times saying that A beats B soas to make others believe? is it still 498a?

When B or B's father never gave dowry to A or A's father? why it attracts DP4?

when A or A's father demands dowry Rs. 100/- but after marriage there is no continuing offence ? and B took Rs. 100/- + more money from A? should it attract DP4 or 498a.

 

what actually constitutes primary evidence?

 

what actually corroborates secondary evidence?

 

 

 

regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

Yes, if in these circumstances f the allegations are levelled that such was on demand DP4 is made out. Also, similarly 498a is attracted.

 

Primary and Secondary Evidence are too vast a subject and would be called academic. Better try Googling the differences.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Ravi (a)     04 June 2014

Thank you sir. i am getting energy now by seeing your inputs and after reading each and everybody's story across net.

actually, i am filled in depression. i am struggling hard at job, not able to concentrate.... though it doesnt come up on face, but internally i am suffereing, staying away from colleagues, people who dont know about my story. i even stopped talking to friends frequently. never imagined before that i would pass thru this bad scenario and somebody for the sake of marriage would ruin my life. i pity myself after i see what i am going thru and have gone thru.

 

regards....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Ravi,

 

If you are under depression, then you should see a doctor. I myself have been to a psychiatrist in the initial days of my 498a. I can empathize with whatever you are saying, ignoring those symptoms can be costly for you.

 

You must have heard about suicides by people who have cases running. A large percentage of those suicides can be prevented if people seek medical intervention of Depression at the initial stages. We either ignore the need of such treatments or we think that it is a stigma. Both these are wrong presumptions and can cost your life/ career/ health. If you loose any of these, winning 498a would not be a great achievement.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 

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