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radhakrishna (employee)     09 January 2013

Jurisdiction for dv cases which is alleged to have taken pla

 

BHARAT RATNA DREAM VIOLENCE ACT DOES NOT HAVE JURISDICTION BEYOND THE COUNTRY BORDERS. I AM STILL WONDERING HOW PEOPLE ARE STILL ABLE TO EXTORT MONEY UNDER THIS ACT. I THINK CENTRAL GOVERNMENT SANCTION IS REQUIRED FOR ALL ALLGED CRIMES WHICH HAVE HAPPENED BEYOND INDIA.T

THE DV Act is touted as a civil law and a “second chance” by the likes of Indira Jaising. But the fine print says that the proceedings are to be conducted as in criminal cases.



LIKE BAKRAS PEOPLE ARE SKINNED UNDER BHARAT RATNA DREAM VIOLENCE ACT. SECTION 177 STATES THAT THE ORDINARY PLACE OF INQUIRY IS WHERE THE CRIME WAS COMMITTED. 


Section 177 of the Code deals with the ordinary place of inquiry and trial, and reads as follows:

"Section 177 : ORDINARY PLACE OF INQUIRY
AND TRIAL:
Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed."
Sections 177 to 186 deal with venue and place of trial. Section 177 reiterates the well-established common law rule referred to in Halsbury's Laws of England (Vol. IX para 83) that the proper and ordinary venue for the trial of a crime is the area of jurisdiction in which, on the evidence, the facts occur and which alleged to constitute the crime. There are several exceptions to this general rule and some of them are, so far as the present case is concerned, indicated in Section 178 of the Code which read as follows:
"Section 178 PLACE OF INQUIRY OR TRIAL
(a) When it is uncertain in which of several local areas an offence was committed, or
(b) where an offence is committed partly in one local area and partly in another, or
(c) where an offence is continuing one, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas."


MIND YOU SEC177crpc IS LIMITED TO PLACES WITHIN INDIA


SEC188 crpc is for Indian in foreign country(Central government sanctioned required)


What is the jurisdiction for husbands who are citizens of Foreign country when wife files dv cases in India for alleged offences which have taken place abroad.







EXPERT INPUTS SOLICITED


Learning

 3 Replies

cm jain sir (ccc)     09 January 2013

Dear brother,

Andher Nagari Chaupat Raja.........

All the matrimonial related laws are made and enforced here by feminist lobby and our leaders are sucking their thumb.

revolutionary (NA)     09 January 2013

@ Author. Good point raised. I believe what really happens is that the lawyers hired by the opposite party are also smart, hence they would have filed the complained in a manner where in they would have put allegations/incidents happening in India.

Also putting allegations is easy, they might get refuted later when the accused decides to fight back.

I would be keen to hear from experts

Ranee....... (NA)     09 January 2013

It depends on how the petitioners lawyer presents the case..otherwise a Court can not go beyond Acts...I think.


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