sec-498A IPC
A Truthseeker
(Querist) 25 July 2009
This query is : Resolved
sec-498A IPC should be made bailable so far as the relatives of the husband are concerned. it is the duty of primarily the husband to protect the wife from torture. if the wife is tortured it would be presumed that the husband is prima facie responsible and he in no case can escape it. but it is very easy to implicate the husband and the relatives.in such circumstances in case of false accusation at least the relatives may be saved.
PALNITKAR V.V.
(Expert) 25 July 2009
Why not husband then? false accusation is also made against the husband in many cases. In many cases, relatives really harass the lady than the husband. So it wont be proper to make any discrimination.
Swami Sadashiva Brahmendra Sar
(Expert) 26 July 2009
s 498-A is more misused than used. therefore it should be made bailable without any discrimination between husband and other relatives.
A. A. JOSE
(Expert) 26 July 2009
I agree with the view expressed by learned friend Mr.Palnitkar. Chance of misuse cannot be a criterion for diluting and making the offence bailable or non-bailable. In such heinous crimes committed against innocent women, I am of the opinion that no leniency or sympathy warrants, but the law must be rigid to ensure deterrence. Even with the present provisions, such crimes are frequently committed and if we make it less rigorous, we will be in a way abetting such crimes if I can term it so. Therefore, merely because there are cases of misuse, it should not be taken as a valid reason to make the offence non-bailable for the relatives of husband. Let the law deal with everyone connected with the offence with an iron rod till such time the evil is disappeared from the society.
I, for one, have not so far, come across any law in this country, which is not misused or which has no scope for misuse. Such a foolproof law may perhaps be a high dream of everyone.
