Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
Can the husbandâs relatives be forced to face a 498A criminal trial on vague allegations, especially when the alleged acts happened outside India? The Andhra Pradesh High Court quashed proceedings against an NRI brother-in-law and sister-in-law, finding both a legal defect under Section 188 CrPC and vague, omnibus allegations.
Approved by Indian Parliament in year 1983, Indian Penal Code 498a (Husband or relative of husband of a woman subjecting her to cruelty: Section 85 & 86 of The Bharatiya Nyaya Sanhita, 2023) is a criminal law (not a civil law) which is explained as follows, âWhoever, being the husband or the relative of the [âŚ]
It would seem challenging to amend the criminal complaint at the outset, as the Indian Laws donât provide any express provision. However, in a recent case, S.R. Sukumar v. S. Sunaad Raghuram [Criminal Appeal No. 844 of 2015], the Supreme Court ruled that if the amendment is sought to be done in the complaint and [âŚ]
Is India Rape Capital Tag Justified Suddenly, the middle class got paranoid about the safety of their sisters, wives and daughters when âIndiaâs Daughterâ was re-re-provoked by interest in Rapes happening in India. Re-re-provoked? Oh, just a couple of months back, it was Uber Rape Case, and then a few months back, there were two bodies [âŚ]
ADMISSIBILITY OF CALL RECORDINGS BEFORE COURT AS EVIDENCE IN MATRIMONIAL DISPUTES Over the period, more and more matters have come before the court wherein one or both of the parties to the dispute rely on electronic evidence such as phone recordings, screenshots of chats/texts, etc. However the focus of this article is merely phone recordings [âŚ]
Section 498A (85 and 86 of The Bharatiya Nyaya Sanhita, 2023) of the Indian Penal Code was introduced in 1983 to protect married women from cruelty or harassment by their husbands or in-laws, especially in cases related to dowry demands. This law allows a woman to file a complaint if she faces physical violence, mental [âŚ]
What is Anticipatory Bail? Anticipatory bail means bail in anticipation of an arrest. Any person apprehended under arrest under a non-bailable offence in India can apply for Anticipatory Bail under section 438 of The Code of Criminal Procedure, 1973. It is bail before arrest; a person arrested cannot seek Anticipatory Bail CrPC; he would have [âŚ]
Sexual Crimes in Delhi: For the last two days, I have been reading news of AAP MLAs demanding CCTV cameras in their office and homes. The said demand was accepted by the speaker, citing that they are under threat of being framed in false cases of molestation. At least 12 MLAs of the Aam Aadmi [âŚ]
Burden of Proof in Rape Cases | #FalseRape Accusation and Defence A lot of people imagine and believe that in Rape cases the burden of proof is on the accused and the statement of the girl is taken as Gospelâs truth. This kind of beliefs were prevalent about 498A (Husband or relative of husband of [âŚ]
Voidable Marriage under HMA The concept of marriage is a sacred institution which forms a relationship between husband and wife. The right to marry is one of the components of the Right to Life under Article 21 of the Constitution of India. The Hindu Marriage Act of 1955 governs the concept of Hindu marriages. Marriage [âŚ]
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