Civil Procedure Code (CPC)

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yogesh (will tell you later)     29 January 2014

RTI Response shows that 498-A Soon Berepealed??

1 The Ministry of Home Affairs issue advisories No.3/5/2008-Judl.Cell dt. 20th October, 2009 to State Governments to avoid unnecessary arrests in cases related to 498-A IPC. What was the response/feedback of state Governments and how effectively state Governments has been following in regards to implementation or following of the advisories Please inform what steps has been made for checking the control of the effectiveness of the advisories.

The Ministry of Home Affairs issued advisories to the Chief Secretaries of the State Governments/UTs on 20.10.2009 requesting them to take effective measures in the light of directions/orders issued by the Courts and advisories issued by the Government from time to time to put to rest the allegations of misuse of section 498-A of IPC. The Criminal law is in concurrent List to the Constitution of India is implemented by State Governments/UTs by the law enforcing agencies. No data regarding effective implementation of provision is maintained by the Ministry

 

2 The Committee of Petitions (Rajya Sabha), recommended that the offence under Section 498A that the ill-effects and miseries of the provision should be checked.in.What steps has been taken by your ministry for checking the ill effects and miseries of section 498-A The Committee on petition of Rajya Sabha ist 140 th Report on the subject cited on 7th September, 2011 .

The committee recommended certain measures to check the misuse of section 498-A IPC. Certain recommendations required administrative measures therefore, the Report the Committee was forwarded along with the advisories dated 16.01.2012 to the Chief Secretaries of the State Governments/UTs for taking effective measures in this regard. The recommendations relating to amendment in the section was referred to the Law Commission for further examination and recommendation

3 The 243 Law Commission too observed that section 498-A is often misused due to ex aggregated, over implications and untrue allegations but there is no reliable data to reveal the extent of abuse or misuse. Please inform what steps has been taken by your ministry in collecting the reliable data based on empirical study Judicial Division deals with only with the legislative aspects of the Indian Penal code .

The data relating to crime is maintained by the National Crime Record Bureau. Therefore, there is no information to provide for this point

 

4 Please inform from records which states has issued circulars/stand order which are to be issued by DGPs/Commissioner for issuing guidelines to avoid arbitrarily arrest in 498-A cases

No such information available with Judicial Division. You are requested to approach the concerned State Government to get information in this regard

5 Please provide the information about the state heads/ DGPs and to request the High Court to modify the directions appropriately in the light of the decision taken so that there will be uniformity in approach all over the country in dealing with 498-A cases

No communication was issued by this Division to High Court to modify the directions appropriately as it is not the mandate of this Division

 

6 The 243 Law commission has proposed for the amendment of 41 CrPC by addition of subsection (3).Please inform what steps has been taken by your ministry in this regard The Law Commission of India in its 243rd Report on Section 498-A of Indian Penal Code , 1860 recommended for certain amendments to the provision of CrPC/IPC

. As the Criminal Law and Criminal Procedure are in the concurrent List of the Constitution Of India and are implemented by the State Governments. The comments of some state Governments are awaited. A decision in the matter will be taken after receipts of the comments of the State Governments

 

7 The 243 Law Commission had made an analysis of 474 Individuals, Organizations, Judicial officers in which over whelming response of the Individuals, organizations are in the favor of the bailablity of the offence, (out of 476, 200 were in favor of the bailable of offence and 126 were in the favor of non bailable and 76 were in favor of repeal of law).yet the law commission has made recommendations for the non bailable of offence. Please inform whether Ministry has considered the analysis of Individuals, Organizations and what conclusions has made by your ministry in regards to the analysis and recommendations made by the Law Commission Amendment to Law is made on the basis of the recommendations of the Law Commission and various commissions/committees set up in this regard and thereafter the consultation of the State Governments and other stake holders.

Presently, the Report of the Law Commission has been reffered to the State Government for comments. A final decision in this matter will be taken after receiving the comments of the Stakeholders in this regard

 

8 Please Inform whether your ministry has accepted the 243 law commission recommendations to make it non bailable on this view that by making bailable cruelty inflicted on married women and the dowry-deaths may increase What other parameters has been considered by the Ministry for not making it bailable

No decision regarding the acceptance of the recommendation of Law Commission in its 243rd Report has been taken so far as the commenst of the State Governments/UTs have been sought in this matter and the same is still awited from the state Governments

 

9 Please inform whether your Ministry is aware that low conviction rate in the prosecution u/s 498-A is due to the fact that the allegations are exaggerated and beyond facts which has been noted by many Honble Courts of India. What steps has been taken by ministry to curb down the false cases which has been instituted on the basis of the exaggerated allegations

No data regarding the conviction rate in the cases relating to 498-A is maintained in this Division. However, this Ministry has issued two advisories in this regard. Secondly, the law commission has also made recommendations in ist 243rd Report which is under consideration



 9 Replies

Q Slinger (NA)     29 January 2014

Good RTI...but repeal of 498a...probably not for another 10 to 20 years. A lot more people in high positions, like judges, IPS, IAS, Police officers need to burn their hands first before it might be considered for repeal. But as the trend has started when HC judge has been accused in a 498a case so I am sure as time comes it will change..


(Guest)

The time has come to murder such wives who files false cases.

ram mohan reddy (Proprietor)     30 January 2014

Dear all If the police follow latest AP  high court instructions there will be no arrest or no FIR against false 498 A case. For this Men has to do agitations through Print and electronic media , Social networks and through all possible sources.  All need to prove that support is available to sufferer ,if any body files false 498-A.


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yogesh (will tell you later)     30 January 2014

sir..Lot of things need not to be ignored..you are safe in hyderbad as far as filing off FIR ios concerned..But what happens when the married woman files the FIR in remote area and conservative tradition is there to arrest the husband and his relatives from theri residence irrespective of location

aman (student)     30 January 2014

498a and DV ACT 2005 Both are rubbish, should be changed and there should be some provisions for men also to file complaint against wife on the ground of domestic violence..who says only a man can abuse a woman ,no woman can abuse a man..what a thinking ? why no punishment for wife on filing fake dv case...our law is realy a joke

ram mohan reddy (Proprietor)     30 January 2014

DV  filed by wife is to get reliefs , like monetary residence and protection. Law should not be gender biased, for that we need to give presentations to the concerned through possible ways.

Remote area police also receives AP high court instructions on 498-A through DGP. Even though police files FIR with out counselling, it is our fat to live in India provided such public service authorities on our lives.we need to try our level best for change in act until it will come to force.

Advocate Ravinder (Advocate/Attorney)     30 January 2014

It is very difficult to repeal the Act, but there are chances of controlling the misuse of the dowry cases.  Recently, the High court of A.P. had advised the state  police to take measure to control the filing of false dowry cases, in response to that the rules have been changed.  Now the order is that before the police registers any dowry case against the husband and his relatives, the concerned police station should obtain the permission of the Superintendant of Police/DCP.  By this the menance of false dowry cases can be controlled to some extent

yogesh (will tell you later)     30 January 2014

what Hon'ble AP high court has done Hon'ble  Delhi High court Hon'ble Justice Shiv Narayan Dhingra has done in year 2008..The very sad thing many parts of the country such directions has not been issued..In Delhi due to passing of Judgment , Delhi Police has issued circualr 330/2008 which checks the arbitrairly arrests and as per NCB there was sharp fall in arrest ratio..In many parts quashing petitions are not been enetertained and men has force to pay high amount in terms of compromise petition..Its very shocking to see that when Ld Judges of High Court declined to provide even AB merely on the fake list furnshed by girl' side

T. Kalaiselvan, Advocate (Advocate)     01 February 2014

Following supreme court rulings on the similar lines, most of the police stations across the country are very careful before initiating strict legal action on the basis of a complaint by a woman spouse even if it is genuine, they do get the permission from their superior police officer and then only they proceed with such case.


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