Blog Page

Facts About 498A

Facts About 498A Introduction to IPC Section 498A Questions related to 498A   Is it possible to avoid a 498A Case? Is it possible to avoid arrest after registration of an FIR in a Case u/s 498A ? Can a wife accuse anyone in her complaint, like for example Sister in Law (bhabhi), Uncle, Aunty, etc. of her husband? Will I be arrested ? Will my parents be arrested ? Is 498A a continuing offence ? Why was section 498A given a number with a letter suffixed to it? Why 498 and not 499 or 497? Is an accused person under section 498A presumed to be guilty unless proven innocent ? Has IPC 498A been repealed ? Is it possible to cancel an FIR filed u/s 498 inter alia? Is it wise for any accused to attem... »

Stridhan and IPC Section 406

The cases filed at the CAW cell or the SPUWAC are not one-dimensional, which is to say that they do not have only one complaint in them. The most common ingredient of the CAW cell complaint is to accuse the husband and the in-laws of cruelty in relation to a demand or some demands for dowry. The specific details which validate or claim to validate these allegations are varied in nature, and differ from complaint to complaint. Another common feature is that the wife accuses the husband of misappropriating her jewellery or clothes or personal effects. All such items are known as Stridhan. This includes all the gifts given by the husband to his wife before they become husband and wife, that is ... »

Validity of Foreign Decree of Divorce in India

NRIs staying abroad and in matrimonial disputes often wonder whether to file a divorce in foreign country or not. There is a lot of misunderstanding around the same. This article is an attempt to capture under which conditions a decree obtained in foreign court is valid in India. This article does not try to venture into a domain whether an NRI should file a case in foreign country or not. Like most developed/ developing countries Indian Judicial System has a reasoned and internationally acceptable approach for validating foreign judgments and decrees. Under Sec 13(a) of Civil Procedure Code, 1908 a foreign judgment is conclusive in any matter which has been adjudicated by a court of compete... »

Conviction rate for Cases registered under Sec 498A IPC is among the lowest for all IPC Crimes

Conviction rate for Cases registered under Sec 498A IPC is among the lowest for all IPC Crimes

Sec 498A of IPC has been one of the fiercely debated IPC sections, especially after the Supreme Court order last year where it laid down a list of guidelines to be followed by Police in these cases. Between 2007 & 2013, the number of cases registered under this section has consistently gone up while the conviction rate for cases under this section has come down. In fact, the conviction rate for cases under this category is less than half of the average conviction rate for all other IPC crimes. The conviction rate in this category is also one of the lowest. »

Net Neutrality = Gender Neutrality

Net Neutrality = Gender Neutrality

You don’t pay for electricity based on which brand of appliances you use, so why should you pay for internet access based on which brand ­ that is, whose website or app ­ you access? That’s what Baijayant `Jay’ Panda wrote in Times of India and is a very compelling argument for me to think deeper into the impact of Net Neutrality in my fight against Gender Biased Laws. Now, before I dwell deeper into the whole gamut of Net Neutrality, I must admit that I have been fighting my battle against Gender Biased Laws prevalent in Indian Law system. So what is Net Neutrality and how does it impact my fight against Gender Biased Laws? Law Professor Tim Wu first used the phrase “net neutral... »

Page 1 of 3123