Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Swastika admits her dowry harassment allegations were FALSE

Swastika admits her dowry harassment allegations were FALSE


Swastika admits her dowry harassment allegations were FALSE


Kolkata, Sept 23 (IBNS): Tollywood actress Swastika Mukherjee has confessed in a media conference that the dowry harassment allegations she made against her estranged husband were false, apparently bringing a closure to an episode that has been playing out amidst full media glare for ten years.


“I was young, I did not have enough sense back then and I did what my family, friends and peers advised me to do,” is how Swastika on Wednesday chose to explain why she falsely accused her husband singer Promit Sen of “subjecting her to cruelty” and “criminal breach of trust”.


Swastika’s shocking but predictable confession comes a day after she apparently submitted an affidavit at a city court admitting that the charges she made against her husband and her in-laws under Indian Penal Code 498A and 406 were “unfounded, false, baseless and speculative”.


Swastika and Promit, the youngest son of renowned Rabindrasangeet exponent Sagar Sen, were married in June 1998, when the actress was just 18.


“Things started to go wrong around two years later when like a bolt from the blue my brother, our family and even me, who all lived in different places, were charged by her for dowry related crimes,” said Pritam Sen, Promit’s elder brother, who also attended the press conference.


“We went through hell for the past ten years. So many arrest warrants, all the expenses and the defamation aside, my brother is never going to get back the last ten years. He’s totally mentally devastated,” he added. Though divorce was reportedly filed by Swastika in 2001, the cases are still under legal red tape.


Pritam said recently Swastika had issued a press release which after being published in the media made it seem as if the two parties had reached a compromise and were heading for divorce which was definitely not the case.


Hence Wednesday’s press conference was called by the actress “to come clean”.
“I am deeply sorry for all that Promit and his family has had to go through. I hope he can move on,” said Swastika.


“As far as the custody of our daughter Anwesha is concerned, lets see what plays out. She’s a ten-year-old girl and she too has a say in this,” she said.


When asked what drove her to suddenly make such an effort, she replied that it was not out of any pressure but just a “realisation”.


Sources, however, say this might be just a coup to get the divorce the 30-year-old actress, who is known for her ‘who cares’ attitude and has not exactly had the smoothest relationships over past few years, has been after for quite some time.


Pritam, however, said he and his family were pleased at Swastika’s confession.
He said, “I think we should give her the benefit of the doubt. Let’s see what this leads to. But we’ll not accept anything but a genuine apology.”


The Sen family is apparently not mulling pressing charges on the actress since they are “not vindictive people”, said Pritam.


The confession, apart from sending gossip mills in overdrive, also sheds light on the Indian Penal Code which leaves the door for such a heavy-handed charge wide open for misuse.





Now, I welcome the comments (hot and sour also) from all the members of the forum.





 21 Replies


She should not be left to go scot free.  Giving false evidence and filing false charges shall not be taken kindly.  The administration of justice must swing into action.  She should be put behind the bars for the maximum period available under perjury offence.  This action of court shall bring the fear of law on all those elements either men or women who lie before the courts. On the other day, I read that in the case of actor Shyny Ahuja, the complaint, who alleged she was raped turned hostile at evidence stage.  She also gave statement before the magistrate under Section 164 of I.P.C immediately after the rape alleging the occurence of offence.  Now, she retracted from her statement.  She also shall be put behind the bars for filing false allegations.  In the above Swastica case, it is said - Sh. Sen and his family are not vindictive and hence do not press the charges.  This is no more a matter between Smt. Swastika vs. Sh. Sen.  She wronged against the State and against the judiciary and she shall be punished with imprisonment.  Similarly, the maid shall also be punished for filing false charges in Ahuja's case.  In Ahmediabad riots  case, where bakery along with inmates was burnt down,  the hon'ble Supreme Court put the complainant behind the bar as she often changed her statements before the courts by stricking the deal with the accused. 

If the courts will start to take strict action in perjury cases, framing false allegations will be reduced and the complainants and witnesses will not be won over by inducement from the accused and finally justice system will prevail and large arrears of criminal cases will reduce.

My suggestion is that once it is proved that there is perjury, no leniency shall be given to the offender and he/she shall be put behind the bars along with huge fine.  Then only the administration of justice will prevail.

4 Like

Tajobsindia (Senior Partner )     02 October 2010


I am surprised to read down your above reply and it is D - Day to see you making such takes in LCI that also on Gandhi Jayanti Day !.

This is said in ref. to your previous article on S. 498a IPC which at that time created the largest stir in LCI Family Law Forum for which 6 parts article was reproduced describing the specimens of noble Profession and whose ref. still stands at link onwards... .

Somehow I personally don't believe that the above reply is from you. However, I welcome such reply for the time being coming from you and leave the matter as it is for continuing family law forum harmony.

With regards to you.  

3 Like

Kiran Kumar (Lawyer)     02 October 2010

quite a sorry state of affairs.


we have got worst possible legislators who would draft cases whimsically without thinking about the implications.


laws must change with the change in society and such kind of false complainant must be punished heavily and those who supported the false case shall also be punished.

2 Like

Jamai Of Law (propra)     02 October 2010

I disagree with Mr Prabhakar ji


She is a weaker s*x in the society. She did it as she was overwhelmed. She was wrongly advised. 


'The fear of law isn't there' is clear from the fact that 'negligible % of convictiona in 498a' as people may be taking advantages of loopholes.


Out of distress she must have done it. She shud be looked upon leniently.


From the press conference, it says 'its a realisation after 10 years (that's ok) and that her allegations were speculative'

She never said she knew right from the day of filing those cases that she was making false allegations.


This is said in ref. to your previous article on S. 498a IPC which at that time created the largest stir in LCI Family Law Forum for which 6 parts article was reproduced describing the specimens of noble Profession and whose ref. still stands at link onwards...

read again and again the same article, more particularly the first part, where I said to the complainant "truth, nothing but truth must be there in complaint.

Ignoring such comments will benefit them to criticise me.

Some people with malafide intentions made  adverse remarks against me, but not against the article, that is their maturity level.  No one can help them, because they feel happy by using wrong adjectives and pronouns calling other people names.

For the last para - "Somehow I personally don't believe that the above reply is from you. However, I welcome such reply for the time being coming from you and leave the matter as it is for continuing family law forum harmony.

I stopped long back to bother about some people and their comments.  Whether they believe or they do not believe does not bother me.  They are not worth even to take into consideration.  By their very posts, they exposed themselves how shameless they are.

As far as I am concerned, I strongly support those real victims, who fight the Section 498-A cases, Domestic Violence cases and maintenance cases after being battered physically and mentally in matrimonnial house and being abused by some male chauvannists as filing "498-A cases" are always false.  They treat themselves supreme to Supreme Court.  Calling each and every 498-A case false case and each and every domestic violence case and maintenance case as a tactic of "extorting the money" is nothing perpetraing and abetting the crime against women.  I do not have any respect towards those people and their bandwagon and their lengthy useless comments.

It does not mean I wil condone the mistake of either man or woman, who lies before the court for serving self interest.  Perjury cases shall be brought against them.  I do not need any lessons about etiquette and professional ethics from those people, who are cruel to their own wives.

1 Like

Tajobsindia (Senior Partner )     02 October 2010



1 Like


@ above


why dont u remove this picture now,since u did not win the i-pod or t-shirt despite you trying your best to influence LCI?


even your "followers" & non-followers gave u virtual t-shirts,and towels,as they cud not see u sad and unhappy...

kya abhi tak umeed hai ki kisi din LCI ke man me karuna jagegi and wo in bechare tauji of india ko kuch de hee denge?


rather u & your followers shud learn a lesson..that "match fixing" before the announcement of the winner will only expose u all..


god bless u!!



thanks for being on the side of truth and justice

CommonMann (Software Professional)     02 October 2010

498a is a game in hands of women. Women knows that this law will not harm her anyways bcoz since this is a state level case. So use it against husband and his relatives anytime to harass and enjoy. Now its high time like there is an announcement of ayodhya verdict, like wise this 498a like law need changes.


u are wrong mr hora, if 498a is totally false, wife can be sentenced. at most she can harass u but in a false case cannot convict u. if u have any such prob there was a thread on lci a month or two bal wat action can be taken against such a wife. if u can prove shes doing it misachiveously just take her to a ride.

truth , justice and rule of law must prevail

1 Like

CommonMann (Software Professional)     02 October 2010

Mrs Dabangg Lady...FYI...suppose a women filed a 498a case against her husband...whether its false or true...husband has to come to court on every date....for no reason...but wife has to come only once for her statement in front of whole of this scenario husband loses his mental peace and crucial time for his career development and for other activities...wife only enjoys...if husband is convicted or not..but wife cannot be punished for this....until husband files any other harassment suits against her in the court....I think this will clear u what i am saying....there should be some sort of change in which both have to coem on each date and wife will be punished if husband is not the same case...

ROHAN (Adm)     05 October 2013

@Jamai Of Law, women are not the weaker s*x. Its all a myth. Moreover, can you compensate the distress the husband's family has gone through? Just because a woman has misused the law, you want society to deal with her with kid gloves. But if a man had done that, you would ask for severe punishment. Double standards and s*xism!!!

ROHAN (Adm)     05 October 2013

Its not true. Since the onus of proving lies on the accused men, its very difficult to prove innocence. And in case innocence is proven, its even more difficult to file perjury cases because the judges are quite unwilling to address them. Even if they address them, the punishment is trivial. Women in India have got more than they could ever dream about. India was always a female dominated society. It has now become all the more female dominated. Its time for the men to organise and fight - if need be physically with the women!!!!

ROHAN (Adm)     05 October 2013

The fact that 98% of the cases are false under section 498A of the IPC clearly means that there are that many false cases. The law itself is unconstitutional and against the principles of natural justice as the accused is held guilty until proven innocent which is completely nonsensical. Despite that extreme bias, if the accused have proven themselves innocent means that they are definately innocent. So, the bias lies in the minds of people like you who believe that women are the 'weaker s*x' and leniency should be shown. 

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