What are the cases where misuse of Section 498A was referred?
What are the cases where misuse of Section 498A was referred?
State of Jharkhand [7], Ramgopal v. State of Madhya Pradesh [8] and Savitri Devi v. Ramesh Chand [9] were referred wherein the misuse of Section 498A and the need to adopt measures for prevention of such misuse has been acknowledged. The division bench also referred 243rd Law Commission Report and 140th report of the Rajya Sabha Committee.
Is Section 498a of the Indian Penal Code anti-male?
Thus, one who brought 498A into action conceiving it as a shield against cruelty for women, i.e., the Supreme Court, is now considering it as legal terrorism. Because misuse of Section 498A diminishes its true credibility. That is one of several reasons for calling it an anti-male law.
Do we need directions to prevent misuse of Section 498A IPC?
Thus, a question with respect to the need for directions to prevent misuse of Section 498A, IPC was raised in the appeal. The cases such a Sushil Kumar Sharma v. Union of India [6], Preeti Gupta v. State of Jharkhand [7], Ramgopal v. State of Madhya Pradesh [8] and Savitri Devi v.
Will Punjab police refuse to arrest in 498A case?
Update on 14-Jul-2014: According to latest on the ground information, Punjab police has refused to arrest in a 498A case filed in Jun 2014 citing this SC judgment.
What is the conviction rate of Section 498A IPC?
The conviction rate of cases registered under Section 498A IPC was also a staggering low at 15.6%. Due to false accusations and immoral exercising of section 498A, the innocent, i.e. husband and his family have to suffer exponentially.
How to prevent misuse of section 498-a/406 IPC?
State, the Hon’ble Court introduced the steps to prevent the misuse of this Section: No case should be registered under section 498-A/406 IPC without the prior authorisation of DCP / Addl. DCP; The arrest of the key accused can only be made after a proper investigation and with the prior approval of the ACP / DCP has been performed;
Is Section 498A a cognizable and non-bailable offence?
Therefore, by special leave petition, the husband approached the Supreme Court. In this case, the Court observed that the fact that Section 498A, IPC is a cognizable and non-bailable offence, it is more often than not is used as a weapon rather than shield by disgruntled wives.
