Can a neutral arbitrator ( NOT a judicial officer ) be an arbitrator (between accused husband and complainant Father of deceased) in a 304B matter? (When the matter is still running in court.)
V Kumar Singh (Executive) 18 January 2025
Can a neutral arbitrator ( NOT a judicial officer ) be an arbitrator (between accused husband and complainant Father of deceased) in a 304B matter? (When the matter is still running in court.)
T. Kalaiselvan, Advocate (Advocate) 18 January 2025
This will not come under arbitration.
The case is pending before court hence any compromise arrived outside court in this regard will not impact the court proceedings.
Advocate Bhartesh goyal (advocate) 18 January 2025
Case u/sec 304B IPC can not be decided by Arbitrator, it is serious nature criminal case involving death of woman due to dowry demand .
Dr. J C Vashista (Advocate ) 19 January 2025
A case u/s 304B IPC is a crime against the State and do not fall under the ambit of Arbitration and concilliation Act, 1996, accordingly it cannot be referred for arbitration and the case has to be tried by competent/ jurisdictional Session's Court.
Sudhir Kumar, Advocate (Advocate) 12 February 2025
this is one of the rare provision of law where :-
(i) onus of proof is pon accused.
(ii) minimum unishment of 7 Years is prescribed.
P. Venu (Advocate) 12 February 2025
There could be no arbitration a criminal case.
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