Misuse of 498a

..................................... Nagarajan would like to stay in touch on LinkedIn. Nagarajan S Retired Supdt Engr Electrical at ONGC. Interested to share experience & in R&D Chennai Area, India View profile https://www.linkedin.com/comm/in/nagarajan-s-b778a134?trk=eml-guest-invite-pprofile-link-cta&trkEmail=eml-invite_guest-null-418-null-null-zfzmqd%7Ejeduejrz%7E4z-null-neptune%2Fprofile%7Evanity%2Eview&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BbcF93RQnRsqUcYsXFaGT3g%3D%3D Confirm that you know Nagarajan https://www.linkedin.com/comm/start/accept-invitation?sharedKey=Jzkit0CO&invitationId=6344029573155520524&trk=eml-guest-invite-cta&trkEmail=eml-invite_guest-null-416-null-null-zfzmqd%7Ejeduejrz%7E4z-ssuw-start%7Esignup%7Ewarm&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BbcF93RQnRsqUcYsXFaGT3g%3D%3D ..................................... Unsubscribe: https://www.linkedin.com/e/v2?e=zfzmqd-jeduejrz-4z&t=lun&midToken=AQFmrFVhGEd36Q&ek=invite_guest&li=426&m=unsub&ts=unsub&loid=AQG4Q91ahc5uJwAAAWH010EDulaG7Cv2dSHXY3HAm0qpZBUjDfsaOkc4_MZWOFhfBR13ReiqIElFi-N7CkhYMk8BIGAFiQxL52TzVjTcisUXUcteBcfsJdbQhJ45I1ldT8bhZMskBIr0CL3bdy0MWic_tiTrmCUo2cpH&eid=zfzmqd-jeduejrz-4z Help: https://www.linkedin.com/e/v2?e=zfzmqd-jeduejrz-4z&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BbcF93RQnRsqUcYsXFaGT3g%3D%3D&a=customerServiceUrl&ek=invite_guest&li=425&m=footer&ts=help&articleId=67 You are receiving Invitation emails. LinkedIn will use your email address to make suggestions to our members in features like People You May Know. This email was sent to www.send_newpost++iylktrvviyaeiy++bbgxiybbfdtr@localcirclesmail.com. © 2018 LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2. LinkedIn is a registered business name of LinkedIn Ireland Unlimited Company. LinkedIn and the LinkedIn logo are registered trademarks of LinkedIn. more  

Both ways and all ways,money extortion is the rocket,supported and abetted by the law enforcement and the system where delivery of justice is made. Read about future money systems in next 10 years...https://www.scribd.com/document/329201844/2025-Diamond-Treasure-Islands more  

Well our Supreme Court has termed 498a as LEGAL TERRORISM. Compliance with procedure for arrest in 498a guidelines given by SC. Please refer below link. http://www.livelaw.in/automatic-arrest-498-cases-sc-issues-strict-guidelines-police-magistrates-non-compliance-will-attract-disciplinary-contempt-proceedings/ But to be frank, even now these guidelines are seldom complied; as the families getting arrested would not even know this when Police stand at the door steps. Lot of people find it easy to target a working/earning Man ( very easy to summon n arrest) and his old parents/ relatives n extort Money. Its just a $$$ making business in failed Marriage. Currently Rape cases are filed in the same manner. Either its revenge in failed relationship or easy money for the Girl. I feel Women Empowerment is not actually Empowering; but Over-Powering to such an extent that gross misuse is occurring. I seriously doubt our current concept of Women Empowerment or Equality as portrayed through Media or by means of 498a or Rape Law or any other Bill or Law which is in Place. In the current trend a Man is Branded a Criminal/ Rapist/ Molester/ or whatever by the legal system and by Media (and literally shamed & bashed) as soon as a complaint is made. There is not even a second thought that is the complaint genuine, do we need to check up on the facts.. Well these need to be thought over. We need to think over these law which doesn't help the needy; but is a fantastic way to mint $$ for the smart and empowered; who seeks equality. And the irony is Mother n sisters who gets arrested in 498a are Women too. more  

The contention " If someone is expecting amendments to the act without any revolt, I feel we are staying in fools paradise. " of Sri SK Virmani is correct but , only those revolting and using power of Money or Vote are getting amendments in their favour . Even hereafter , there shall be the approval of the Constitutional bench of Supreme Court where the interest/welfare/economy of general public and Nation is connected . This will eliminate many Law loop-holes and unjustified Sections / Laws . more  

@Sh. Tapan Maiti - Sir, it is well established by SC that Bail is Rule and Prison is Exception. I am wondering why Judges do not practice this rule? Having the power to arrest does not give a license to exercise the power arbitrarily. There must be well-founded reasons on record to arrest a person. If you carefully examine the provisions of Sec. 157(1) Cr.P.C., which defines the procedure for investigation, it nowhere gives the power to police to arrest an accused person. The sub-section reads: "If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender". Please notice the word used in the end is 'offender' while in other section under Chapter 12 of Cr.P.C uses the word 'accused' - which means that the poilce is given the power to arrest only if they have reason and material on record to prima-facie establish the accused persons is guilty and not otherwise. It is a well-settled rule that strict interpretation must be used in criminal law. But in practice that does not seem to be a case - especially with lower/District courts - as also pointed out by you. The Judge, who is supposed to examine the facts and evidence on record before accepting to send the accused person on remand under Sec. 167 Cr.P.C. or denying him bail under Sec. 437 Cr.P.C., breaks the trust of a common man from the legal system of the society. State of things are so bad in U.P. that the remand orders are written by police personnel and the Judge merely signs on them without even going through it. Cyclostyled and fixed-15 days remand orders are being passed without any reasoning or speaking order. Whether the Constitutional principles/Fundamental Rights do not mean anything to Judges? If Judges cannot uphold the law, then I fail to understand why a common man without any legal knowledge is expected to know the intricate laws and never violate them? This has to change. The Courts are for the benefit of the society, to ensure Rule of Law and not for the opposite. People are now more educated and very soon they would demand that the Courts should be made accountable for their actions. As a practicing lawyer, I only believe in Rule of Law and nothing else. Rule of Law is the only means to achieve equality in the society and it must be respected, honored and practiced by all and especially by legal professionals and Judges. I do not accept any person to be detained arbitrarily and the Police and Judges have no power to arrest without having lawfully acceptable grounds on record. Please see the 2014 ruling of SC - Arnesh Kumar Vs. Bihar and older rulings such D K Basu Vs West Begal. The above principle is held by SC. more