Debate I Low Conviction Rate in Dowry Cases, No Proof of Misuse
7 years, 7 months ago

Debate I Low Conviction Rate in Dowry Cases, No Proof of Misuse

The Quint  

But before we get into the numbers and figures, let us first understand what exactly Section 498A entails. Section 498A of the IPC basically deals with domestic violence and cruelty towards women by the husband or his family. – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. – For the purpose of this section, “cruelty” means – any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman; or harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

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History of this topic

Dowry demand not needed to invoke cruelty charge against husbands: SC
3 weeks, 6 days ago

Dowry demand not needed to invoke cruelty charge against husbands: SC

The Hindu  

The Supreme Court said on Friday dowry demand was not a prerequisite to constitute the offence of cruelty under section 498A of the IPC introduced in 1983 to protect married women from the husband and in-laws. A bench comprising Justices Vikram Nath and Prasanna B Varale on December 12, 2024, said the essence of Section 498A IPC lay in the …

Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court
1 month, 1 week ago

Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court

Live Law  

The Delhi High Court has said that mere demand for dowry is no offence under Section 498A of Indian Penal Code, 1860, and simpliciter allegation of intimidation does not constitute harassment.Justice Amit Mahajan made the observation while quashing an FIR registered by a wife against the relatives of the husband. The Delhi High Court has said that mere demand for …

S.498A IPC Not Misused By All But Is Misunderstood, Society's Mindset Obstructs Women From Reporting Domestic Abuse: Justice Neela Gokhale
1 month, 1 week ago

S.498A IPC Not Misused By All But Is Misunderstood, Society's Mindset Obstructs Women From Reporting Domestic Abuse: Justice Neela Gokhale

Live Law  

Justice Dr Neela Gokhale on Friday said that Section 498A IPC has not been misused but misunderstood by everyone. The judge stated that while section 498A may be misused by a very handful women but that cannot be used to "paint the entire drawing board in one colour." The mindset that "Doli me baith ke aayi hai toh Arthi pe …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 2 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court
1 month, 3 weeks ago

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court

Live Law  

The Supreme Court, while overturning the appellant/ accused's conviction under Section 304-B of the IPC, noted that while the Court has repeatedly laid down this provision's ingredients, the Trial Courts were committing the same mistakes repeatedly. “Therefore, even for attracting Section 113-B, the prosecution must establish that the deceased was subjected by the appellant to cruelty or harassment for or …

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years
3 months ago

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

Live Law  

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. In this case, …

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’
3 months, 1 week ago

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’

Hindustan Times  

The Supreme Court on Tuesday strongly criticised the growing misuse of Section 498-A of the Indian Penal Code, commonly known as the anti-dowry law, noting that it is increasingly being exploited to settle “personal vendettas” or exert undue pressure on husbands and their families. The Supreme Court bench highlighted the misuse of the provision, lamenting that exaggerated and unsubstantiated allegations …

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court
3 months, 1 week ago

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court

Live Law  

While quashing a Section 498-A IPC case against a husband and in-laws of the wife, the Supreme Court today again cautioned about the tendency to implicate all the members of the husband's family when domestic disputes arise out of matrimonial discord. Also, the Court criticized the growing tendency to misuse provisions like Section 498-A IPC as a tool for unleashing …

Man seeks criminal action against wife's family for giving him ‘dowry without a demand’
4 months, 1 week ago

Man seeks criminal action against wife's family for giving him ‘dowry without a demand’

Hindustan Times  

In a peculiar turn of events, a man challenged an order that dismissed his plea seeking criminal action against his wife's family for reportedly giving him dowry without a demand but failed to convince the court. Additional Sessions Judge Navjeet Budhiraja was hearing the man's revision plea against a July 2022 order of the magisterial court that dismissed his request …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
6 months, 3 weeks ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 1 week ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court
9 months, 3 weeks ago

Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court

Live Law  

In a recent judgment, the Allahabad High Court has elucidated on provisions of the Dowry Prohibition Act, 1961 and the Uttar Pradesh Dowry Prohibition Rules, 1999 and observed that groom and his family are being prosecuted under Section 3 of the Dowry Prohibition Act, 1961 merely based on the statements made by the bride and her family. Prima facie, this …

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages
10 months, 1 week ago

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages

Hindustan Times  

The three new criminal laws are expected to turn a new leaf for criminal justice in the country. In 2023, there were nearly 22.8 lakh crimes reported against women, Of these, about 7 lakh, or 30 per cent, were reported under Section 498A of the IPC, according to the data recorded by the ministry of statistics and programme implementation in …

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
1 year, 4 months ago

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court

Live Law  

Expressing its concern against misuse of Section 498A IPC, the Jharkhand High Court recently said that this provision of law is being misused as a weapon, rather than a shield, by 'disgruntled wives'. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498-A of the Indian Penal …

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 5 months ago

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court

Hindustan Times  

The Kerala High Court recently observed that punishments relating to cruelty to a married woman, under Indian Penal Code section 498A, cannot be applied to or invoked by women in live-in relationships. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter …

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC
1 year, 5 months ago

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC

News 18  

A man or his relatives cannot be held guilty for cruelty towards a woman under section 498A of the IPC if there was only a live-in relationship and no solemnisation of marriage, the Kerala High Court has held. The High Court said that the trial and appellate courts “went wrong in finding the revision petitioners guilty under section 498A and …

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 10 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court
2 years, 1 month ago

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court

Live Law  

The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.In this case, the accused were convicted for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The Supreme Court observed that the conviction under Section 498-A IPC …

498A IPC: Cruelty Case Can Be Quashed By High Court Under Section 482 CrPC Even After Conviction: Bombay High Court
2 years, 1 month ago

498A IPC: Cruelty Case Can Be Quashed By High Court Under Section 482 CrPC Even After Conviction: Bombay High Court

Live Law  

There is no embargo on quashing a case emanating from a matrimonial dispute even after conviction when an appeal is pending, the Bombay High Court said while quashing a domestic violence case filed by the wife against her husband and in-laws. A division bench of Justices Anuja Prabhudessai and RM Joshi observed that the high court's powers under Section 482 …

Section 304B IPC -Message Should Go That Dowry Death Shall Be Dealt With An Iron Hand: Supreme Court
2 years, 7 months ago

Section 304B IPC -Message Should Go That Dowry Death Shall Be Dealt With An Iron Hand: Supreme Court

Live Law  

Observing that "the legislative intent of incorporating IPC section 304­B was to curb the menace of dowry death with a firm hand" and that "in dealing with cases under section 304­B, such legislative intent has to be kept in mind", the Supreme Court has asserted that in the imposition of sentence for the offence of dowry death, "a strong message …

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court
2 years, 7 months ago

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove the prosecution case. Upon appreciating the evidence in the case, the Court examined the essentials required to constitute an offence of dowry death under Section 304B. Therefore, finding that the prosecution failed …

Need For A legislative Overhaul Of Dowry Prohibition Statutes
3 years, 2 months ago

Need For A legislative Overhaul Of Dowry Prohibition Statutes

Live Law  

The Department of Women Welfare in Uttar Pradesh has sought affidavits from public servants declaring that they have received no dowry when they got married. The Dowry Prohibition Act, 1961 was enacted to prohibit the "giving and receiving of dowry". Criminalizing the "unwilling act" of the victim and her family is the primary obstacle in serving justice, Section 3 of …

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court
3 years, 8 months ago

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court earlier this week held that only a relative of a husband by blood or marriage is liable for prosecution under Section 498-A IPC.Justice Cheekati Manavendranath while quashing the FIR against the petitioner, observed that a girlfriend or concubine, not being connected by blood or marriage, is not a relative of the husband for the purpose …

'Disgruntled' Wives Using Section 498A IPC As A Weapon To Harass Relatives Of Husband: Punjab & Haryana HC [Read Judgment]
4 years, 10 months ago

'Disgruntled' Wives Using Section 498A IPC As A Weapon To Harass Relatives Of Husband: Punjab & Haryana HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court has expressed its concern against misuse of Section 498A IPC by 'disgruntled wives'. While quashing a case filed by a woman against her in-laws, justice Jaishree Thakur observed: "It has become a common practice to use the provisions of Section 498- A IPC as a weapon rather than shield by disgruntled wives. The accused …

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]
5 years, 3 months ago

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]

Live Law  

The Supreme Court has observed that when a husband undergoes a trial in which he is acquitted of the allegation of offence levelled by his wife under Section 498-A of Indian Penal Code, it cannot be said that no cruelty has meted on him.In this case, the High Court had refused to grant divorce to the husband by observing that …

Four get five years jail for dowry harassment, abetting suicide
5 years, 4 months ago

Four get five years jail for dowry harassment, abetting suicide

Hindustan Times  

The Thane sessions court on Wednesday awarded five years rigorous imprisonment to four members of a family after the wife of the first accused committed suicide, alleging dowry harassment around six years ago. The main accused, Naresh Kothari, 41, and Indrakumari had married around 14 years before the incident. Rajendra Chavan, senior inspector of Nerul police station said, “The couple …

Section 498A- When Conviction By Trial Court Was Not For Dowry Demand, HC Cant Convict Accused For It Without Appreciating Evidence On Record:SC [Read Judgment]
5 years, 8 months ago

Section 498A- When Conviction By Trial Court Was Not For Dowry Demand, HC Cant Convict Accused For It Without Appreciating Evidence On Record:SC [Read Judgment]

Live Law  

The Supreme Court has observed that, when the Trial Court conviction under section 498A of the Indian Penal Code was not for demand for dowry, the High Court could not convict the accused under the same for demand of dowry without a detailed discussion of the evidence on record. It is clear from a plain reading of Section 498A that …

SC decriminalises adultery: End of Section 497 of IPC may put women seeking a divorce at a disadvantage
6 years, 5 months ago

SC decriminalises adultery: End of Section 497 of IPC may put women seeking a divorce at a disadvantage

Firstpost  

The Supreme Court’s decision to scrap Section 497 of the Indian Penal Code, thereby decriminalising adultery, cannot be seen as a cheer for promiscuity. Section 497 of the 158-year-old IPC said: “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or …

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 6 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is …

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 6 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is …

The Victim Woman’s Reflexive Overt Acts Alone Constitute Matrimonial Cruelty Under Section 498 A Of The Indian Penal Code
6 years, 8 months ago

The Victim Woman’s Reflexive Overt Acts Alone Constitute Matrimonial Cruelty Under Section 498 A Of The Indian Penal Code

Live Law  

A closer examination of Section 498 A of the Indian Penal Code, 1860 will reveal that all acts of cruelty against a woman by her husband or his relatives may not amount to matrimonial cruelty within the meaning of the Section. Explanation - For the purpose of this section, "cruelty" means – a) any wilful conduct which is of such …

Marital Rape Already Criminalized As Cruelty Under Section 498A IPC: Delhi Govt. To HC
7 years, 2 months ago

Marital Rape Already Criminalized As Cruelty Under Section 498A IPC: Delhi Govt. To HC

Live Law  

The Delhi Government, on Thursday, contended before the Delhi High Court that the act of marital rape has already been criminalized as cruelty under Section 498A of the Indian Penal Code and hence, there was no need for creating a new offence penalizing the same.Section 498A criminalizes a situation where a married woman is subjected to cruelty by her husband …

‘Former Wife’ Not A ‘Relative’ Of Husband And Can’t Be Prosecuted For 498A IPC : Gujarat HC [Read Judgment]
7 years, 3 months ago

‘Former Wife’ Not A ‘Relative’ Of Husband And Can’t Be Prosecuted For 498A IPC : Gujarat HC [Read Judgment]

Live Law  

The Gujarat High Court has quashed a case against the former wife of a man whose present wife had filed a criminal case under Section 498A IPC arraying her as well, as an accused.The complainant wife had alleged that her husband after getting married to her, went back to his divorced wife. The Gujarat High Court has quashed a case …

SC Decides to Revisit Ruling Barring Immediate Sec 498A Arrests
7 years, 3 months ago

SC Decides to Revisit Ruling Barring Immediate Sec 498A Arrests

The Quint  

The Supreme Court said on Wednesday, 29 November, that it can’t frame guidelines on how to investigate cases of dowry harassment as this would amount to going beyond the statutory provisions. Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud have decided to revisit the judgment by a two-judge bench in July this year, which had directed the …

498A- Gujarat HC Deprecates The Practice Of Adding All Family Members Of Husband As Accused, Quashes FIR [Read Judgment]
7 years, 11 months ago

498A- Gujarat HC Deprecates The Practice Of Adding All Family Members Of Husband As Accused, Quashes FIR [Read Judgment]

Live Law  

The Gujarat High Court in Natubahi Somabhai Rohit & others vs. State of Gujarat held that allegations in the complaint must be specific and should contain necessary ingredients to make out the offence u/s 498A of IPC.Justice N.V. Anjaria was considering a criminal miscellaneous Application u/s 482 of Cr.P.C. The Gujarat High Court in Natubahi Somabhai Rohit & others vs. …

Delhi HC Acquits Husband In 30-Yr-Old Dowry Death Case [Read Judgment]
8 years, 2 months ago

Delhi HC Acquits Husband In 30-Yr-Old Dowry Death Case [Read Judgment]

Live Law  

It is necessary to establish the offence of Section 498A IPC to prove the charges under Section 304B IPC, the court said.Acquitting a husband in a three-decade-old dowry death case, the Delhi High Court in Ramesh Chander vs. State of Delhi, has observed that in order to prove the charges under Section 304B of Indian Penal Code, it is necessary …

Delhi HC Acquits Husband In 30-Yr-Old Dowry Death Case [Read Judgment]
8 years, 2 months ago

Delhi HC Acquits Husband In 30-Yr-Old Dowry Death Case [Read Judgment]

Live Law  

It is necessary to establish the offence of Section 498A IPC to prove the charges under Section 304B IPC, the court said.Acquitting a husband in a three-decade-old dowry death case, the Delhi High Court in Ramesh Chander vs. State of Delhi, has observed that in order to prove the charges under Section 304B of Indian Penal Code, it is necessary …

Dowry death social crime but can't convict husband without proof, says Delhi court
8 years, 3 months ago

Dowry death social crime but can't convict husband without proof, says Delhi court

Firstpost  

It is a heinous crime to hang one’s wife to death but a husband cannot be convicted without any reliable evidence, a Delhi court has said while acquitting a man and his family members in a murder and dowry death case. New Delhi: It is a heinous crime to hang one’s wife to death but a husband cannot be convicted …

Presumption in dowry death to be backed by cruelty proof: Supreme Court
8 years, 4 months ago

Presumption in dowry death to be backed by cruelty proof: Supreme Court

Firstpost  

The presumption of culpability against an accused in a dowry death case under the Evidence Act would be “activated” only when there is a proof that a deceased woman had been subjected to cruelty for demand of dowry, the Supreme Court has ruled. New Delhi: The presumption of culpability against an accused in a dowry death case under the Evidence …

Section 497 and 498 of the IPC on adultery laws are dusty Victorian remnants
8 years, 8 months ago

Section 497 and 498 of the IPC on adultery laws are dusty Victorian remnants

Firstpost  

These patriarchal ideas are somewhat prevalent in those who decide what the law is, whether it will stand the test of constitutional scrutiny, and how it is to be enforced. According to Section 497, a man who has sex with a woman “whom he knows or has reason to believe to be the wife of another man, without the consent …

More than 10000 cases registered under the Dowry Prohibition Act during 2014 ;Maneka Gandhi
8 years, 10 months ago

More than 10000 cases registered under the Dowry Prohibition Act during 2014 ;Maneka Gandhi

Live Law  

As per the National Crime Records Bureau data, a total number of 9038, 10709 and 10050 cases have been registered under the Dowry Prohibition Act, 1961 during 2012, 2013 and 2014 respectively. Similarly, a total number of 8233, 8083 and 8455 cases were registered of Dowry Death in the country during 2012, 2013 and 2014 respectively. All the States except …

False 498A Cases are on the rise
10 years ago

False 498A Cases are on the rise

Live Law  

As per information provided by the National Crime Records Bureau, a total of 10193, 10235 and 10864 cases of cruelty by husband or his relatives were found false or mistake of fact or law after police investigation during 2011, 2012 and 2013 respectively, showing a rising trend. Similarly, a total of 386, 339 and 482 cases of insult to the …

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs
10 years, 3 months ago

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs

Live Law  

The Government has decided to drop the amendments to the Dowry Prohibition Act, 1961 after taking into account the comments of the high level committee on the status of women and the ministry of home affairs.The amendments, as proposed by the National Commission for Women, included broadening the definition of the word ‘dowry’, by changing the words ‘in connection with …

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs
10 years, 3 months ago

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs

Live Law  

The Government has decided to drop the amendments to the Dowry Prohibition Act, 1961 after taking into account the comments of the high level committee on the status of women and the ministry of home affairs.The amendments, as proposed by the National Commission for Women, included broadening the definition of the word ‘dowry’, by changing the words ‘in connection with …

'Be careful in slapping anti-dowry law in matrimonial dispute'
10 years, 4 months ago

'Be careful in slapping anti-dowry law in matrimonial dispute'

India TV News  

New Delhi: The Home Ministry has asked all state governments to be judicious in slapping the stringent anti-dowry section of IPC in matrimonial disputes as the provision may be used as ‘weapons rather than shields by disgruntled wives'. The Home Ministry advisory quoted a Supreme Court observation which said there is a phenomenal increase in matrimonial disputes in recent years …

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC
10 years, 7 months ago

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC

Live Law  

A writ petition has been filed in the apex Court of the country, seeking a declaration that Section 498A of IPC is non-existent, redundant and non-operational in law and hence, proceedings, prosecution and conviction under the said section is unconstitutional, ultra vires, arbitrary, void and illegal after the Repealing and Amending Act, 1988.It submits that an FIR charge-sheeted under a. …

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC
10 years, 7 months ago

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC

Live Law  

A writ petition has been filed in the apex Court of the country, seeking a declaration that Section 498A of IPC is non-existent, redundant and non-operational in law and hence, proceedings, prosecution and conviction under the said section is unconstitutional, ultra vires, arbitrary, void and illegal after the Repealing and Amending Act, 1988.It submits that an FIR charge-sheeted under a. …

Dowry harassment and the law
25 years, 7 months ago

Dowry harassment and the law

The Hindu  

OVER the last ten to 15 years, penal statutes have been amended under pressure from women's groups in order to prevent marital violence against women. These changes seek to protect women against all forms of marital violence by broadening the definition of cruelty, making penalties higher, and relaxing evidentiary requirements. Dowry deaths constitute a special category of death that was …

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