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bail498 (Junior Advocate)     31 December 2011

Application of sec.26 of dv act

Dear Experts,

According to Sec.26 in DV act IPC & Crpc can apply in DV act.

But in my case 498a had been applied seperately with false MLC.According to my knowledge 498a  runs very slowly.


Can judge in DV case run 498a simulateneously to prove that in actual violence had been taken place or not?

Please suggest....



Learning

 4 Replies

N.K.Assumi (Advocate)     31 December 2011

The act by itself does not punish the perpetrators of domestic violence, but if a case discloses any offences punishable under IPC, CRPC or Dowry Prohibition Act, the Magistrate may frame appropriate charges and try the case himself or commit the case to the Sessions Court for trial, that is why it is diabolical Act, as seen in section 26 of the act, and even on the sole testimony of the aggrieved person the court can conclude that an offence has been committed by the accused, either actual abuse and threat of abuse and even likelihood of abuse. Indeed, very dangerous Act.

1 Like

Ratnesh kumar (Advocate)     31 December 2011

well to run the case simulatanously you have to pray in any upper court and to get order from any upper court the magistarte cannot decide it run simulatanously.

1 Like

ritu sharma (lawyer)     02 January 2012

it depends on the practice of a particular (state/district) court how    proceeding of these two cases conducted

present your defence in DV case.    

Sanjiv Kumar (HR)     02 January 2012

can anybody tell me what is the punishment under section 12 of dv act?


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