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S.B _Kolkata (Service)     28 March 2010

Registration of FIR, arrest and court proceedings:Equality

When an FIR under IPC section 498A (498a) is

registered, the accused are automatically arrested

and jailed without investigation. The Supreme Court

of India has ruled several times that arrest should be

an exception, and not a compulsory. Why is there no

penalty for disobeying the Supreme Court’s orders?

Is it not mental cruelty to subject a person to arrest

without investigation or reasonable cause?

Why is there no provision in the criminal law that can

serve to deter false and exaggerated claims?

Why does not the judicial system use its power to

deter frivolous complaints made by unscrupulous

individuals and prosecutions by corrupt law and order

personnel for wasting the honorable courts’ precious

time and imposing the financial burden on the public

exchequer?

Why is there no provision by which the costs relating

to false 498a cases can be recorded and recovered

from the complainants to compensate the falsely

accused?

Why is there no penalty for the complainant who does

not appear to the court proceedings?

According to established research, the frequency of

husbands committing suicide is three times that of

wives committing suicide. When a wife commits

suicide it is automatically deemed to be dowry death,

under IPC section 304B. Why do we have no such

protection for husbands? [ref: https://www.flonnet.

com/fl1821/18210960.htm]

The existing laws protect a woman from cruelty and

harassment by her husband and in-laws. Why does

the law not provide protection to a man against

cruelty and harassment by his wife and in-laws?

The Dowry Prohibition Act clearly states that the dowry

giver is also punishable under the said Act. Why do

the police and judicial authorities not take any action

against those who admit that they gave dowry?

Dowry laws were made to protect women from

harassment. What legal protection is available to a

woman who is being harassed by a daughter-in-law

or sister-in-law? What legal remedies are available to

a woman whose daughter-in-law or sister-in-law has

booked a false dowry case against her?



Learning

 6 Replies

Victim_Kol (Middle Executive)     28 March 2010

Rajkumarji, these questions are out of the syllabus of the Indian Law & Justice division.

WHATSAPP 91-8075113965 (advocate)     28 March 2010

hallo sir,

questions put forewarded by you are not completely out of syllabus and  has some relavancy.here the problem is that some recent legislations made by our so called legal lumniaries, were proved to be utter foolish and were struck off by several high courts and by  our own supreme court.  so, we have to depend heavily on the laws made by Britishers, which has proved to be ideal in the past, but now requires certain changes to suit the present seneria,

for eg ; while lord meccalay was drafting IPC , no one can even , think of a gang rape, by a group of ladies, on a boy. and ,hence , there is no such provision to deal with such an offence. but, news paper reports show that it is also happening in our country.

376 ipc comes into operation only when a man commits rape on a woman. ......if it is on the reverse side....?

here , law is not complete.

377 deals with unnatural s*x. but, some high court has stated that it has to be reconsidered, whether 377 is an offence, in its real sense ....!

Gagan Gupta (Advocate)     30 March 2010

Provisions against   malicious prosecution are already in law but first you get acquitted up to appelate court. then start that remedy of false complaint/evidence etc, if you will have courage left by that time to face court and start new round of litigation to ruin your peace of mind or just for revenge or prove other one wrong.

satnam singh (job less)     31 March 2010

our  HMA law are created on  old testaments not according to the what is happening in reallity  now a days. if we say man and women have equall rights and responsibility. law must be on both side. now a days women have also extra marital affair more than one they they feel it as pride.............. they also indugle in theft , robbary , murder, putting false aligatin aginst in-laws    ..... these all are crimanal activities ................ todays women is not devi 

Vijay Naru (Service)     01 April 2010

HI

The law is there and is having all the provisions to deal with every menace. But the thing is how many people fight back.

We always live in a hope that any per son Like Ram or Krishan will take AVTAR for us and fight for our rights. We always look for others.

I have examples of people fighting against illegal arrest in 498a/406 and we have become able to nail/narrow downed to the 2 Sub Inspectors, 2 Inspectors one ACP and DCP in this and they and their protectors facing the music.

so The thing is how many has tried. People only are waiting for someone to come and clear the mess for them. Which is not correct.

If we all starts moving our steps against misusers then definately we will be able to nail them down.

 

S.B _Kolkata (Service)     05 April 2010

Vijay

 

Thanks to share your view...


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