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enjoylife (na)     14 July 2011

Benefit of Arrest under 498a

Hi

What is benefit of arrest of husband in a 498a case, when wife is living away from him for several month.

Why do polices and lawyer insist on that, any statement made by husband under arrest would not be admissible in court of law.

So what again prosecution and police or wife again with arrest of husband and family when he does not have any scope of interacting with wife or her family. If he try to then he wud do more harm to himself than good.



 3 Replies

Saurabh..V (Law Consultant)     14 July 2011

You are telling one point against 100 which exist in this specific section other than 10000000.... of points in every other section of IPC & CrPC.

 

I personally condemn the basic structure of these law books... as they only speak one sidfe of the story i.e., complainant. But what about innocent and implicated accused?

 

//peace

/Saurabh..V

SACHIN AGARWAL (ADVOCATE)     16 July 2011

Its true that now a days it has been seen in most of the cases (almost 80% cases) that the women are misusing 498-A but we should not forget that it is the laywers only who advices their clients to go for 498-A. In most of the cases, it is the laywers who drafts the FIR and implicate the innocent relatives also but the Courts close their eyes at the time of bail and also the Police do not hear anything from the husband side. After arrest of any of the person under 498-A, the possiblity of reunion of husband and wife become almost nill.

The Government should think over the same as the laws are for the benefits of the society and not to create problems for them.

This law should be made bailable.

1 Like

Siv (engineer)     22 July 2011

Dear All,

 

No one can eliminate bad people in the society but the System should be designed such that the innocents wont be punished unnecessarly.

 

While the 80% cases are false then why the people of this country are mum .... where is the problem...?

 

I believe the problem with the people who d onot care the things till they are caught in that fire....


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