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sensitiveman (executive)     21 January 2012

498a becomes compoundable

NEW DELHI: In what could raise the hackles of women's rights activists, the Law Commission has recommended to the Centre that the strict law dealing with dowry offences be made compoundable - a move that will allow an accused to escape a jail term by paying a fine.

The recommendation to alter the tough provisions of Section 498A of the Indian Penal Code comes in the backdrop of Supreme Court suggesting it may be time to re-examine the law in the context of its misuse by women to lodge false or exaggerated complaints against husbands and their relatives.

The relief to an accused will have to be overseen by the court which must be convinced that the offence can be compounded. But while the suggestion will be welcomed by anti-Section 498A campaigners, women's organizations are likely to point to the continued prevalence of the social evil of dowry and helpless position of women in their marital homes.

"The pros and cons have been considered after extensive deliberations and a conclusion has been reached that Section 498A should be made compoundable as suggested by the Supreme Court," the commission said. The permission of the court concerned would be a safeguard to dispel apprehensions that the wife could be coerced into a compromise with her in-laws.

If the Law Commission's views pass muster, a husband and his relatives facing trial under Section 498A could pay fine and compensation to the complainant. Parliament had inserted Section 498A in IPC with effect from December 25, 1983 with a view to punishing husbands and their relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry.

At present, anyone found guilty under Section 498A can be punished with a jail term up to three years and also be asked to pay fine. Bail is usually not easy to avail for a dowry-related offence.

Other offences the commission feels can be compounded include causing of simple hurt by use of dangerous weapons (Section 324), which too attracts a maximum punishment of three years jail term, and those found guilty of the offence of rioting (Section 147 providing for maximum two-year jail term).

While Section 498A is a tangible deterrent against cruelty to a woman in her matrimonial home, the courts, especially the Supreme Court, have expressed concern about its abuse after coming across several cases where women lodged false complaints to settle scores leading to arrest and harassment of husband and his relatives.

The commission examined the issue from this aspect and its chairman Justice P V Reddi has sent a report to the government recommending that "Section 498A should be made compoundable with the permission of the court".

This means that although the threat of arrest looming over a husband and his relatives named in the wife's 498A complaint may not ease, the accused can plead before the court for compounding of the offence by agreeing to payment of fine.

"The other aspects relating to Section 498A - whether it should be made bailable and what steps are to be taken to minimize the alleged misuse and to facilitate reconciliation - will be the subject matter of a separate report which is under preparation," said the commission's report submitted to law minister Salman Khurshid.

The commission also recommended that offences under Section 324 (voluntarily causing hurt by dangerous weapons) should be made compoundable only with the permission of the court. At present, the offence is punishable with a maximum sentence of three years imprisonment. But the commission said the act of causing grievous hurt by use of dangerous weapons under Section 326 should not be made compoundable.

BOX

The commission said the government could also think of compounding the following offences:

* Section 380 (theft in a dwelling house) subject to the proviso that the value of property stolen is not more than Rs 50,000. Those guilty under this provision could get a maximum sentence of 7 years jail term.

* Section 384 (extortion) which attracts a maximum punishment of 3 years imprisonment.

* Section 385 (extortion by putting a person in fear of injury) attracting a maximum 2 year imprisonment.

* Section 461 (dishonestly breaking open receptacle containing property); maximum punishment 2 years.

* Section 489 (tampering with property mark with intent to cause injury); maximum punishment of 1 year jail term

* Section 507 (criminal intimidation by an anonymous communication): maximum punishment 2 year imprisonment; Commission puts a rider saying compounding shall be confined to criminal intimidation falling within the first part of Section 506



Learning

 17 Replies

neel (self)     21 January 2012

has this law been passed?

sensitiveman (executive)     21 January 2012

Sorry for the grammatical error in the post title. It shud be "498a can become compundable". Law commission has recommended to the centre. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 January 2012

only recommended

(Guest)

HOPE SO

N.K.Assumi (Advocate)     21 January 2012

Let us see.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 January 2012

still a long story, law has to be passed , notified. Will take years.


(Guest)

This Report is Nothing but Fooling Indian Men & People those who are Concerned with this draconian Law (498a). Making it Compoundable doesn't make much difference IF it was, Andhra Pradesh could have less number of cases. But we don’t see any difference.
IT is moreover Empowering Greedy Wives to Officially Extort Money making it Compoundable Means; Wives will be more eligible for Settlements. As how it is happening now.It is Only Judicial Process who will benefited with Less Time Consuming for them.
What it Should be :
1) If Govt Really wants to Curb Misuse then it should have Clause of Offenders for misusing this law for various purposes. If the proposed Lokpal Bill can have a misuse clause, why can't 498a have one too?
2) At least 6 Months Jail Terms is enough to create fear in Mind of Greedy Gangs
3) Make it Bailable is the only way, If need court should have power to Issue Non Bailable Warrant against Accused.
4) This law should be link up with DP / 3 for giving Dowry, If they know Dowry Giving or Taking Crime, then why they gave Dowry (Committed Crime) at place?
5) It should be punished for False Cases & Abusing Process of Law, Judiciary System.
6) There should be strict process of arrest CrpC 41, Directing Ministry to follow all State police, because they are the one who don’t follow procedure.


Beneficiary of Proposed Report 237:
1) Judiciary System, It will lessen Court process time Consumed, because most of Greedy wives will ask Money (Extortion) to withdraw the Cases.
2) Lawyers
3) Cops


Sufferers:
Harassed Husbands (Most of Cases are 98% False)

Conclusion:
"No Laymen would understand unless they face music."

rajiv_lodha (zz)     21 January 2012

This step if undertaken at all by govt. will allow EASY EXTORTION BY THE GREEDY INLAWS, nothing else.

Now the threat will be easy to hammer on the heads of sufferers-----pay $$$$ and I will withdraw the case!

If anything has to be done in good faith, make it bailable to start with.

Its definitely a BEFOOLING TACTIC

Aishwarya (Teacher)     22 January 2012

it may take long to become a law..but a very good step to help the victims of biased laws in future..

 


 

rajiv_lodha (zz)     22 January 2012

Sorry, I cannot take it as a VERY GOOD STEP in right direction................Its a befooling tact rather

Aishwarya (Teacher)     23 January 2012

ok if not a very good step rajiv ji, but if it becomes bailable then it could be best..but compoundable am not aware what happens with tht ?

**Vikram** (Managing Partner)     23 January 2012

@Aishwarya

498A now is Non-Bailable (Once there is an FIR, the accused has to go to jail - save if he gets AB form HC or Sessions Court), Cognizable (The police can take action on their own, without the order of the magistrate) and non-compundable (the complainat cannot withdraw the complaint if she wishes to).

The 498A complaint/charge-sheet can be quashed by the HC using its exceptional power under the section 482 of the CrPC. 498A does not come under the IPC sections mentioned in CrPC 320, which talks about compundability of the offences. But Now, even if 498A does not come under CrPC 320. the high court can quash the proceedings, using its power u.s482. 

By exercising it power u/s 482 CrpC the HC can make any order to meet the ends of justice.

The offence u/s 498A IPC, though not being listed in 320 CrpC, it does not take away 482 CrpC from the HC. The same is applicable for other offences not listed under section 320 CrPC as well. if the HC feels, in the interest of justice, the proceedings may be quashed. This is the reason why, now, we have to go to HC for quashing the cases to the HC.

But after this ammendment, the same can be done in the Trial court itself - the HC need not exercise its exceptional powers u.s 482 CrpC.

But the main problem with 498a is the initial phase, ie the arrest of the accused, completely based in the complaint of the wife. This problem remains and the 498a wife will continue to exploit this provision till it is there. We all know that the conviction rate is less than 1%. So, once the initial phase is over, the problem starts for the wife. In this case, she can file a false complain, harass the husband and his family members, and than take the complaint back, at her will.

i agree with Rajiv that this will not solve the problem, but may aggravate the issue more. The wife, will know that she can anytime,withdraw and be free after getting the husband and his family tortured.

 

Vikram

1 Like

Aishwarya (Teacher)     24 January 2012

thnx for explaining vikram sir..

rajiv_lodha (zz)     24 January 2012

As the govt has started to have a relook into this age old law, we all should find ways 2 put more weight 2 make it bailable. How 2 move further to tilt bosses at center?


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