cpc

petition demands non-implementation of 498-a as it stands re

exec

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC

 

 

A writ petition has been filed in the apex Court of the country, seeking a declaration that Section 498A of IPC is non-existent, redundant and non-operational in law and hence, proceedings, prosecution and conviction under the said section is unconstitutional, ultra vires, arbitrary, void and illegal after the Repealing and Amending Act, 1988.

The Petition raises serious questions of public importance and will definitely work as a precedent if accepted. The misuse of Section 498-A was recently debated by the apex Court, wherein the Court laid down strict guidelines to be followed by Police and Magistrates, barring automatic arrest under 498-A. Read the LiveLaw story here.

The next date of hearing has been fixed on 14th of August.


lets hope for the best......................................



Total likes : 1 times

 
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job

Is this the same petition which is filed in SC ?

 
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a

if it happens in true sense, will it apply all existing pending cases?

 
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Systems Engineer

This is a great news. Hope this petition is allowed and the misuse of 498-A ends.

 
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