Amendment in section 498a...good or bad

You are absolutely right. It will increase the misuse of law. False cases may be stopped if  "MLC is compulsory to register cases in 498a".

498a is misused to put the husband and his family behind bars. The idiots should make it bailable to stop it's abuse. What is wrong with the losers at the Ministry of Law and Justice? 498a is already compoundable if both parties approach HC and pray for it to be quashed on the basis of a compromise.

The arrest in 498a is contempt of court now but police arresting the people.  No need to arrest  in all offences up 7 years punishment in spite of police want to submit challan. In bailable offence the police may take bail and in non bailable offence the court may take bail. When the crpc41 (which allow the police to arrest the people} have been amended no one may be arrested. Police is arresting people on the plea that the accuse is not supporting in investigation and presenting in police thana on call. This is big tool to police and judiciary. Sometime the minor crime converted in big crime due to these powers. 

Compoundable will increase the misuse of 498a. False cases may be stopped if  "MLC is compulsory to register cases in 498a".

On 498a everyone talks about compromise and settlement but something i don't understand is when the daughter in law files false allegations against the husband and the entire family then the only option is to go through trial to prove that all allegations are false and get aquitted.

In my case i am husband living in Australia and i know all allegations are false and i will not go to India to fight these Indian laws which is not accepted anywhere else in the world.But my parents and siblings want to fight the case and they don't want to pay a single penny to her instead they ready to pay that to lawyers even if it takes ages but still the lawyers,police,court everyone talks about compromise which means give money to the woman whatever she is demanding.

If everyone start fighting against this law and stop compromising then 498a does not have any value.

Mr. Puneet you are submitting the correct expressions. Every person earning money and expending that on their near and dears. Wife who is not our near and dear now no one is ready to pay a single penny but judiciary and police want to allow her whatever she ask. It is totally wrong. 

Brother Satya, an arrest in 498a is not in the contempt of the Supreme Court. Why would the Indian judiciary give men such a relief? The SC is asking the police to follow procedure and justify the arrest. Not following procedure during the arrest is in the contempt of Court. Pls read the concerned judgment more carefully and also read the advisory issued by MHA to the state governments. An unscrupulous police officer can easily arrest in 498a by claiming that the accused was becoming a hindrance in the investigation or that the accused was a hindrance to the recovery proceedings of IPC 406 or that the accused was suspiciously trying to avoid law by evading contact with the investigating police officer or that the accused was issuing threats against the complainant wife or........ .

Here r the SC’s guidelines for the IO:

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

Reference:

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41736

Here is Crpc 41(1)(b)(ii):

41: When police may arrest without warrant .-

(1)  Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:-

(ii) the police officer is satisfied that such arrest is necessary-

(a)  to prevent such person from committing any further offence; or

(b)  for proper investigation of the offence; or

(c)   to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d)  to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e)  as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing.

Reference:

https://www.lawzonline.com/bareacts/Criminal-procedure-code/section41-Code-of-criminal-procedure.htm

Making 498a compoundable is the worse thing the govt can do...probably far worse than the implementation of this idiotic law itself.

Making 498a compoundable will do NOTHING to reduce the number of cases..infact it will only lead to further extortion attempts. If made compoundable:

- Wife will file case on her whim's and fancy

- Wife will then hold this case on tops of husband and inlaws heads and will use this an extortion tool to get large sums of money

- If husbands and inlaws don't give in, the wife will fight case till the time she feels that she is losing, then will withdraw the case only to refile it later. Had the case been not compoundable, and if the judgement of aquittal been given, then it become impossible for the wife to file another 498a on the inlaws and husband.

- Basically making 498a compoundable, the govt is giving the wife countless chances to cry wolf without any liability

Prime example that making 498a will make the abuse worse...Andhra Pradesh. 498a was made compoundable back in 2005 by the state to curb misuse and to promote family harmony...but AP ranks as the 4th largest related to number of 498a cases being filed!

Making 498a compoundable it a idiot trick employed by the feminist to extort even more money from Husbands. 

totally Agree , making this compoundable , it will increase the misuse. The petitioner wife with such oblique motives will continue to file such complains and negotiate for settlement based on ransom paid. 

There should be serious actions taken and law commission should consider advising the courts to take suo motto perjury actions against such false complains. 

ok on a second thought, I think there is also a bright side to it.

Wife files false cases > drags for a year or two or may be couple more > withdraws it > Husband files divorce case based on false 498a case of wife > possibly gets divorce.

The only catch is how will the order from the 498a case be drafted. Will the  judge say, there was no demand for dowry hence the case has been withdrawn...or because the parties compromised with each other therefore the case has been withdrawn...the later will mean that the crime (dowry) was committed but because the parties compromised therefore the case has been shut.

Not sure how the order from the 498z case will go with the judge for the divorce case.

Papu...if the case is withdrawn, that does not mean the case is false...no judge will ever say that...and hence the wife is free to file again. That withdrawal will not help anyone in a divorce case. 

Even an aquittal does not mean the case is false, unless the judge specifically states in his aquittal order that the case is false! 

Confused....So when a divorce case is filed after 498a is won by the husband, what is the basis for that? If husband won i.e means that the crime did not take place.

Does the judge consider that the case was false hence there was cruelty on the husband

or

Does the judge say because the Husband won and wife 'presumably files false case', therefore it is a torture on the husband.

Please clarify.

Pupu, I appreciate your thought provoking query.Yes, if the husband win the case it is either the wife was making false allegations or she was simply torturing her  husband. So the issue boils down to: what are the remedies for the husband against his terrorist like wife? I must admit that this is a very interesting issue. generally the husband can file malicious prosecution against his own wife or if the allegations are false he can also file complaint for perjury. But is there any husband who can take such steps against his own terrorist like wife? I am of the view that it is better for the husband to go for divorce on the ground of cruelty.

Thank you N K Assumi.

Post from Q Slinger - "Even an aquittal does not mean the case is false, unless the judge specifically states in his aquittal order that the case is false!"

So basically, "Wife files false cases > drags for a year or two or may be couple more > withdraws it > Husband files divorce case based on false 498a case of wife > possibly gets divorce." holds good ?

Papu..nope...when the 498a cases is withdrawn, the judge does not see the case as being false...most judges tend to view divorce with no connection to 498a.

However, if you can prove that cruelty did happen, then the judgement might be in your favour.