Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

India is great (Service)     08 August 2014

Wonderful discovery @ 498a# must read by all

The Supreme Court has agreed to examine whether the controversial Section 498A of the Indian Penal Code, dealing with harassment of a wife, is valid or not following a claim that the law was repealed in 1988. “If that is so, are we convicting and prosecuting people under an invalid law?” a bench headed by Justice H.L. Dattu asked, directing solicitor general Ranjit Kumar to respond to the claim. Kumar sought two weeks’ time.

 

For More please Read Attached files 



Learning

 9 Replies

satya (self)     08 August 2014

even the General Clauses Act Section 5 says

 

5 Coming into operation of enactments. — 7 [

(1) Where any Central Act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it receives the assent,—
(a) in the case of a Central Act made before the commencement of the Constitution †, of the Governor-General, and
(b) in the case of an Act of Parliament, of the President.]
8 [***]
(3) Unless the contrary is expressed, a 9 [Central Act] or Regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.

T. Kalaiselvan, Advocate (Advocate)     10 August 2014

Let us wait for the reply by the government in this regard, in my opinion,the government will not be accepting the repeal as it has not been notified in the gazette publication.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 August 2014

If the version of the Petitioner in SC about the validity of Sec 498a is accepted by the court, then it would also mean through the same act. Then by the same repealing act, Marriage Amendment Act, 1976 would also be invalidated. Which effectively means:

1. Mutual Consent Divorce is invalid in India 
2. Divorce petition can not be presented within 3 years of marriage
3. Marriage Age is 15 years for girls and 18 years for boys
4. Divorce Petition can be presented only in the court under whose jurisdiction the marriage was solemnized.

 

Regards,

 
Shonee Kapoor

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

Biswanath Roy (Advocate)     13 August 2014

Under no circumstances sec.498A IPC  can be repealed.  Rigor of that section can be modified to stop possible misuse for causing mischief..

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 August 2014

The issue has been raised multiple times before, the repealing of amendment act merely means that the amendments have now been incorporated in the act and hence they need not remain independent enactments.

Biswanath Roy (Advocate)     13 August 2014

Certain restrictions were already imposed by the Hon'ble Supreme Court upon the application of Sec.498A  IPC and to proceed with the same now the Hon'ble Judges are thinking about quick disposal of all criminal cases including Sec.498A to give quick relief to sufferers.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 August 2014

please go thru following regarding 498a repeal

https://www.indiankanoon.org/docfragment/1164326/?formInput=498a%20repeal https://www.indiankanoon.org/docfragment/1886483/?formInput=498a%20repeal https://www.indiankanoon.org/docfragment/1775907/?formInput=498a%20repeal https://www.indiankanoon.org/docfragment/196911/?formInput=498a%20repeal

State (Delhi Administration) vs Mithlesh And Ors. on 16 March, 1994

 

Regards,

 
Shonee Kapoor

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

Biswanath Roy (Advocate)     13 August 2014

As one of the Senior most member of The Bar Association of India and as an associate of the legal luminaries the update development on the subject has been disclosed and I know all other views as referred to.above..

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 August 2014

The said petition has been dismissed, laying rest to the controversy.

 

 

Regards,

 
Shonee Kapoor

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

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register