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(Guest)

Laws those should be deleted

What we need today not many more laws in addition but deletion of many Laws which are of no use today.

It will be prudent on the part of this forum to identify those laws and ask the govt of the day for deletion. In my view that should be one of the sacred aim and objectives of this social network where majority are law qualified.

Lets this thread be dedicated to this issue of compiling such acts and rules which are either obsolete or assumed to be in dis-use . Each one of us should contribute at least one such Act or Rule which should be deleted from the IPC or CrPC . It will certainly a great tribute in nation building.



 10 Replies

Arvind Singh Chauhan (advocate)     08 January 2012

I agree but plz will you mention here some example? Specially from IPC and Cr.P.C.

Adv. Vaishali Karloopia (lawyer)     08 January 2012

IT IS  NOT POSSIBLE TO DO SUCH A BIG TRANSFORMATION AS LAW MAKING IS A WORK OF LEGISLATURE.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     09 January 2012

and is one of the slowest process. 

mahendrakumar (marketing)     09 January 2012

I support the relevance and significance of the post.

Sailesh Sarmah (Advocate)     09 January 2012

 

For me it's:

IPC - Section 309. Attempt to commit suicide

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for term which may extend to one year 1[ or with fine, or with both]. 

 

Arvind Singh Chauhan (advocate)     09 January 2012

Sarmah Ji I do agree.

venkatesh Rao (Retired Government Servant)     09 January 2012

Pl. be precise about the sectins of IPC and CR.P.C. which you think should be deleted. 


(Guest)

As per My Understanding..

1) IPC 498a Needs to Deleted
The IPC (Sections 299 to 311, which are offences affecting life) can also be invoked in case of a dowry death or suicide. Under Sections 299, 300, 301 and 304(A), culpable homicide, murder and death by negligence
are crimes.
Section 302 lays down the p unishment for murder: death sentence or imprisonment for life.Sections 113A (Presumption as to abetment of suicide of a married woman) and 113B (presumption as to dowry death) were added to the Indian Evidence Act and can be invoked
in cases of dowry murder or suicide


Most Dreaded Part of 498a is It is NON-Bailable and simple FIR of Wife, Whole Family of Husband gets Arrested and Mostly Misused by Greedy Wives.

2) D.V Act 2005
Anybody can be a victim of domestic violence - be it children, infants, teenagers or senior citizens.
Because of That, as of now, the PWDV act and the IPC 494, IPC 497 adopts conflicting stand-points on the issue of live-in-relation and hence we seek that either the terms variously describing "live-in relationship" be struck out and removed from the PWDV Act OR the IPC 494 and IPC 497 be declared un-constitutional and any pending cases under those sections be dismissed forthwith.

The trial under the PWDV Act must be made in compliance with the Indian Evidence Act instead of the Criminal Procedure Code, as it is currently implemented.

3) Multiple Provision of Maintenance (Family Act, CrpC 125, HMA, Muslim Divorce Act,Special Marriage Act) Must be Abolished. and Make General maintenance Act with Strictest points that Women are now liberal and Education & Capable enough to sustain, Rather depending on Spouse/men. This will stop encouraging Greedy women who have been married for Alimoney/Maintenance purpose.

4) Hindu Marriage Act for Divorce needs Amend & Make Hassel free Seperation instead of Years of Battle to get Divorce Decree

1 Like

Sudhir Kumar, Advocate (Advocate)     14 January 2012

I reproduce section 124A of IPC

124A. Sedition.— Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards. 2[* * *] the Government established by law in 3[India], 4[* * *] shall be punished with 5[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

 Explanation 1

 The expression “disaffection” includes disloyalty and all feelings of enmity.

 Explanation 2

 Comments expressing disapprobation of the meas­ures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

 Explanation 3

 Comments expressing disapprobation of the admin­istrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.


(Guest)

I am not a lawyer hence may not not be able to be specific with IPC or CrPC.What i would like to highlight the following:-

 a) The Code or the Rules  which allows discretion of the judges to give adjourments after adjourmnets on silliest grounds resulting into inordinate delays.

   b) The Rule which allow recording of statements by the investigating Officers(IO) to record statements of the witnesses without obtaining their signatures. In the Army during Court of Inquiry or recording of Summary of Evidence recorded statements are read out to the witnesses and he signs it as being understood and being found correct. Can this be followed in the civil as well ?


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