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ncw blames lawyers and police for misuse of ipc


CJI Balakrishnan admits to misuse of dowry laws
http://timesofindia.indiatimes.com/CJI_Balakrishnan_admits_to_misuse_of_dowry_laws/articleshow/4057825.cms

CJI Balakrishnan admits to misuse of dowry laws
1 Feb 2009

NEW DELHI: Dealing a blow to women's rights activists who have been stringently defending the Section 498A provision of the Indian Penal Code, Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section -- that deals with matrimonial cruelty -- was being `grossly misused'.

Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. "In some cases, 498A is grossly misused,'' he said. Balakrishnan was speaking at a seminar, `Marriage laws -- issues and challenges', organised by the National Commission for Women.

The IPC section allows for immediate arrest of the husband and in-laws by the police on the basis of a woman's complaint and has been controversial. Several pro-male organisations have been protesting against the section saying that the law is being misused by women for selfish gains and should include a penalty provision against its misuse. But women activists have been lobbying for no change in the law.

Faced with adverse comments from the CJI, National Commission for Women (NCW) chairperson Girija Vyas said that it was lack of awareness that led to false cases under 498A. "I would not like to use the term misuse. There is lack of awareness amongst people that is exploited by lawyers and police. We feel there is no need to review the law,'' Vyas said.

CJI Balakrishnan added that it was because of cases of misuse that the recent amendments in the Criminal Procedure Code had been enacted by Parliament. He, however, added that while the amendments were acceptable they should have been discussed threadbare in Parliament before being passed. "The amendments are good. They have given relief to those arrested on false accusations. The police has to give reasons before they arrest anyone. Unfortunately, Parliament passed the legislation without discussion,'' Balakrishnan added.

Commenting on the CrPC amendments, Vyas said that there had been demands from NGOs that the law be reviewed and the Commission was examining the matter.


 
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Advocate

we can not blame police and lawyers alone, inasmuch as it is the bounden duty of the Magistrates to see that the accused is remanded to police or judicial custody on grounds of possible primafacie evidence against the accused. Here, Magistrates remanding the accused to judicial custody has termendous role to play to see that the section is not misused, and that the  Magistrates is not to passed mechanical order of remand.

 
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Lawyer

Mr. Assumi is right. But there are instances that sec. 498A is used to harass the husband and in laws. The courts have to analyse the allegations and try to find out whether the case is really strong enough to remand the accused either to police or judicial custody.

 
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I agree with you Sirs.   But the recent observation of the SC shows the poor situation of the  Magistrate courts in Criminal Justice.


Criminal justice system has collapsed: SC


6 Feb 2009


 

NEW DELHI: Supreme Court on Thursday sounded the grim warning that the criminal justice system had been subverted, with witnesses being manipulated and trials being hijacked with judges and lawyers remaining "handicapped witnesses".



Making the chilling observation, which to many only confirmed the widely held perception of the erosion of the system, a Bench comprising Justices B N Agrawal, G S Singhvi and Aftab Alam also said that the lower judiciary had decayed.



"The courts of magistrate and munsif have ceased to be an option for the common man,"
the Bench said and compared the lower courts to ill-equipped and ill-staffed public health centres (PHCs) in rural areas.

"Only those people go there who have no other option," said the Bench as an apparent indicator of the low measure of public faith in these courts, which are the first points of dispute settlement for the masses.

 

 
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we r not concerned abt the blames excpt that innocent lives r wasted  and harrassed.

 
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Software Engineer

 

hi, i am from hyderabad india working in USA. i got married in Aug-008 in hyderabad. recently my parents, younger brother and I became the victims of 498a. i caught my wife cheating on me so i filed annulment in Feb-2009 in hyderabad and after ew months my wife filed false 498a in Aug-2009. She did not sign the FIR. i heard FIR must be signed otherwise it is not valid. right now we all r on anticipatory bail. we have recently filed 498a quash in high court of AP. can someone please tell me whether we can quash 498a on the following grounds:
1. FIR – not signed
2. Annulment was filed in Feb-2009 and 498a was filed in Aug-2009.

i came to india in jan-2009, dropped her at her home (with her parents), filed for annulment in the family court in hyderabad and left to USA in Feb-2009. since then i did not contact her and she is living with her parents.

please help me and kindly send me 498a quash judgements if you have any on the above grounds. this wud be a great help. thank you so much for you time. please help us. my email id is chaithu45656@yahoo.com

 
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Publishers

Section 154(1) of Cr.P.C. requires that the F.I.R. has to be signed by the informant. Section 154(1) of Cr.P.C. reads as under :

"Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf."

Regarding filing of your case in Feb'09, it is good arguable point the the subsequent case has been filed as a counter-blast.

 

 
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Police Officer

If the complainant submitted the complaint before court through CMP or 190 CrPC, the same will be send by the magistrate to the Police Station to register and investigate the case u/s 156(3) of CrPC.

 

In such cases, the SHO will register the case based on the CMP sent from court and there is no need for signature of complainant in FIR.

 

Also if the statement of the complainant was recorded from other places(like hospital) only the FI statement needs signature. Officer-in-charge of PS will register FIR based on the statement and signature of complainant is not needed.

 

If the complaint was given directly to the officer in charge of the PS, the signature or thump impression of the complainant is a must in both FI statement and FIR. In such cases where no signature is there in FIR, accused can challenge the sanctity of the FIR as a manipulated one by Police even if the complainant stands with the contents of the FIS.

 

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Dear Chaithanya,

Ur FIR cannot be quashed on the ground mentioned above, but send the copy of FIR then may suggest the right way.

Regards

adv.kamal.grover@gmail.com

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

AAtma ji, it is a good step for guys.

Thanks for updating

 
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