May 1, 0. A bench headed by Justice C K Prasad directed all the state governments to instruct its police officers not to automatically arrest an accused in such cases. This tendency needs to be curbed and if not discouraged, it is likely to affect and weaken the case of the prosecution even against the real culprits in future in this relevant direction…. June 27, 0. Supreme Court of India Quashing of Charge-sheet:

Natubhai Somabhai Rohit v. The Court noted in the case that during examination, the wife had admitted in her affidavit that she had lodged an FIR with the Kherwadi Police Station, Mumbai, against her husband under sections A and of the Indian Penal Code, We all are aware of the condition of women in the society, the harrasment, the torture, the pain. April 8, 0. This section has opened the doors of justice for women who suffer cruelty at the hands of her husband or relatives. He has further admitted in his statement that there was no demand of dowry either at the time of wedding or before the wedding whatever gifts were given in the marriage, was the sweet will of the family members of the bride.

Top 5 Supreme Court judgment on misuse of 498A

October 8, 0. She promptly files a false dowry case saying husband and co sought 10 lakhs dowry and also alleges that her mother in law asked her to sleep with father in law. Kinds of cruelty covered under this section includes following: August 16, 0.

acse There shall be extensive review of books, articles, journals, literature and statutory law of India on the point at hand. Ramani [2] for the meaning of mental cruelty. Natubhai Somabhai Rohit v. January 30, 0. Criminal case prima facie baseless, false and frivolous against mother-in-law, brother-in-law and his wife. Complainant left the matrimonial house after 2 months of marriage. Log into your account.


case study ipc 498a

Most popular articles Nalsar final recruitments: January 5, 0. Do you have a Question 498 Comment? Supreme Court Of India To constitute cruelty under Section A there has to be harassment of the woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or a csae is to be made out to the effect that there is a failure by her or any person related to her to meet such demand — Neither in FIR nor in charge sheet there is any ingredient to caae facie constitute case of cruelty under Section A, IPC.

This article is a brief outline of how and what happens once a crime takes place and how the investigation machinery leads the investigation under Cr. Delhi High Court After having a finding that there is no allegation for demand of dowry, there is no scope for trial. Stdy death of wife, husband entitled to retain her property: How many of these cases are reported?

case study ipc 498a

Keeping this in mind, the Hon’ble Supreme Court undertook a re-examination of the directions and only retained the ones that find their bedrock within the Indian Penal Code – and in doing so – propounded a more balanced approach towards the application of section A.


May 14, 0. Court at Jodhpur has no jurisdiction to try case. State Of Kerala Court: Time bound Investigation and Trial: February 27, 0.

(DOC) Misuse of section A in Indian society | Rahul Jain –

I am doing a bit of research on this topic, intend to write a book on this, as one of my close friend had to go through similar trauma. They did not give any share shudy of property and demanded Rs. There is tendency to involve entire family members in domestic quarrel.

case study ipc 498a

Fair and just investigation is hallmark of any investigation — It is not duty of Investigating Officer to strengthen case of prosecution by withholding evidence collected by him — Fair investigation is right of accused and this right can be exercised by accused at time of charge — Accused can insist upon Court to consider evidence collected by Investigating Officer but not made part of charge-sheet.

May 30, 0.

Feel sincerely empathetic and sorry to hear about what you had to go thorough! February 2, 0.

Important Judgments on Section 498A of IPC

Delhi High Court SectionsA. It is 498s said sometimes the remedies are worse than the perils or disease. This section was made keeping in mind protection of the married woman from unscrupulous.