deepak kumar (Advocate) 22 July 2008
one provision that has been recently introduced is that of plea bargaining. This is think is a controversial proposition as it goes against the basic premise of our criminal law that an accused is innocent unless found guilty.
Srinivas.B.S.S.T ( Advocate) 23 July 2008
Sir for me, i think the section 498-A at this present scenario is the most controversial Section.
K.C.Suresh (Advocate) 23 July 2008
Dear Prakash, There is no contrversial provisions in thewIPC as it is. It become so only when it is handedled like that. For Mr.Gaurav the contraversy rests on S.34 of IPC, for Mr. Deepak it is on S.265 A to 265 L of IPC and for our Srini it is on S.498 A IPC. Gaurav aims at police interfearence. He is limited to that extent his contraversial aspects. Deepak points on a broad canvas as the present scenario is debating on the issue of plea bargaining. Apart from these two views srini bangs on S.498 A issues. How liberally, rediculously, illegaly, irregularly and inhumanly this section is used by the wife, inlaws, police and judiciary. But that is the way the Indian administartion goes on. S. 120B of criminal conspiracy can be used against any body. This section even after long years of debate and judicial scrutiny is still a deabting issue in the judiacial areana. S.498 is private and S.265 A to 265 L about plea bargaining is social and public issue which touches on the root of the Indian criminal Jurisprudencial system. The middllor view is more correct as far as public interest is concerned. Adv.K.C.Suresh, Kerala
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 27 July 2008
IF you have to procecute in private matters and where no other sections gives you help the section 120 B is very useful.
Regarding other sections refered by other friends there is nothing wrong in the sections , the problem is with implementation. And if the advocates take agressive posture and also initiate counter procedings the sting of harsh provisions can be negated.
Rajan Salvi (Lawyer) 12 October 2008
Most contraversial provision in the I.P.C. is regarding the right to commit suicide and whether an attempt at committing suicide can be termmed as an offence. After all the society is in no way affected by the alleged act of the person who tries to end his own life.
The other is about the women cannot be prosecuted in a case of adultery.
Kiran Kumar (Lawyer) 12 October 2008
well i ll go with Mr. Srinivas, the most controversial and most misused provision is S. 498-A IPC.
but i must add there is lack of consistency in application of various provisions of IPC, so in certain situations we do find various provisions causing more harm than something good.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 18 October 2008
Well a related section to civil procedings is the section 340 of the code of criminal procedure.
A party has obtained a judgment in a civil proceeding by submission of false evidence which is visible on face of it. The fact comes if force after judgement is delevered. What is the remedy. Any case laws please.
Many friends suggest appeal , but is not cruelty that in the matter of out right injustice why the provisions of the section 340 of the Cr PC should come to help.
anonymus (confidential) 25 October 2008
Right sir, u could first appeal against the judgement and get it revrsed. Also get a finding about the letting of false evidence and then straight away file petition in the trial court to take action for giving false evidence. I think unless there is a finding about the false evidence no action can be initiated.