Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
The Supreme Court has ruled that arrest under Section 498A is not automatic and personal liberty under Article 21 applies equally to men. These judgments protect husbands and their families from false cases, illegal arrests, and misuse of matrimonial laws. NEW DELHI: Section 498A of the Indian Penal Code was enacted with a noble intent—to […]
From landmark Supreme Court rulings to ground-level misuse, this article unpacks how Section 498A defines ‘husband’ and ‘relative’, protecting the “girlfriend” of the husband. Introduction: The Status of the Husband’s Girlfriend Like all love stories, it starts with two people, a promise, and a future. But that promise falters somewhere in the middle of “I […]
Summary: The Himachal Pradesh High Court granted bail to an accused arrested under charges of rape and deception after a brief online acquaintance led to a physical relationship. The Court observed that custodial detention before trial should not be used as punishment, particularly where facts involve mutual adult interaction and require full trial to determine […]
Brief Summary The Allahabad High Court granted bail to Arun Kumar Mishra, accused of rape and other offences by a former partner. The Court found the intimate relationship to be consensual and noted the delayed FIR and lack of supporting evidence. The judgment reinforces the principle that personal relationships, when soured, should not be given […]
Court: Kerala High Court Bench: Justice P.V. Kunhikrishnan xxxxxxxxx Versus xxxxxxxx on 16 December 2024 Law Point: Anticipatory bail in pocso case to father & grandfather JUDGEMENT 1. These Bail Applications are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. These two bail applications are connected, and therefore, I am disposing of these […]
So what is Bail? The word Bail is not defined in CrPC but it has to be understood as a concept. Bail means release of a person from custody of police and his delivery to the sureties who undertake to produce him in court upon appointed day. The jurisprudence of bail deals with the procedural […]
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 […]
Steps in 498A Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra This is the first step for 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed of The Bharatiya Nyaya Sanhita, 2023) in most states. A complaint is lodged in the Police Station, which is transferred to the CAW […]
Court: Allahabad High Court Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Nafisa And 4 Others vs State Of U.P. And 3 Others on 16 January, 2023 Law Point: False Rape Case accuser gang bail dismissed JUDGEMENT 1. At the very outset, learned counsel for the petitioners states that he does not propose to file any rejoinder affidavit […]
RAJASTHAN HIGH COURT JUSTICE Pankaj Bhandari BASRAM Vs. STATE OF RAJASTHAN THR. P.P. On 7 March 2018 Law Point: Section 304B — Bail — Dowry Death — Charge sheet not filed within period of 90 days — Date of remand included in calculating period of 90 days or 60 days — Holiday on last day […]