the punishment under section 498A is 3 yr. jail and fine.
don't you think this punishment should be less than 6 month ?
the punishment under section 498A is 3 yr. jail and fine.
don't you think this punishment should be less than 6 month ?
ajay sethi (lawyer) 12 January 2012
nno the punishment under section 498 A is fine . however for filing false complaint under section 498A deterrnet punishment must be provided as most of complaints are false
Dharmesh Manjeshwar (Advocate/Lawyer) 12 January 2012
i agree with Adv. Ajay ......
Anoop Kuksal (Advocate) 12 January 2012
The aim of framing law is to maintain peaceful co-existance of all the human beings in the society by making rules to deter the crime and lawlessness and punish the guilty. Any crime committed must be taken into account and as per the severity of crime, punishment must be ensured to avoid the recurrence of the crime. Unfortunitely, IPC sec 498a has been so much misused by the greedy, unscrupulous people that the Act has lost it's purpose and has become a cause to break the relationship for ever. Any dowry demand is totally unjustified and is a greed to shamelessly beg from the prospective bride or her family. But equally henious is the crime to falsely implicate anyone under this Act. The punishment may be increased to life term but in false cases, the punishment must be equal i.e. life term to the person who has falsely made the allegations.
Anup
Advocate
rajiv_lodha (zz) 13 January 2012
I also agree with other members that Nothing is wrong with present punishment-quantum to dowry seeker in 498a.
But false complaints should also carry punishment clause.
Other thing:- Dowry Crime shud be nipped in the bud. State has provided such easy platforms 4 the girl n her parents so as they shud nt give dowry at the 1st instance itself. When they can use state machinary raising hue & cry, say after 5 years of marriage, WHY DIDNT THEY INFORM THE POLICE WHEN BOY'S SIDE ASKED 4 DOWRY AT MARRIAGE TIME? Why they remained silent & participated equally in the CRIME........acted in collusion?
When things have turned sour, they thought of punishing the boy's side. Girl n her parents also should be punished invariably under DP3 as dowry giving is also a crime.
Originally posted by :rajiv_lodha | ||
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WHY DIDNT THEY INFORM THE POLICE WHEN BOY'S SIDE ASKED 4 DOWRY AT MARRIAGE TIME? Why they remained silent & participated equally in the CRIME........acted in collusion? When things have turned sour, they thought of punishing the boy's side. Girl n her parents also should be punished invariably under DP3 as dowry giving is also a crime. |
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Agree,And girl parents should not give the girl to greedy dowry seekers.
Aishwarya (Teacher) 13 January 2012
yes punishment should be minimized and moreover the ones who hit false cases need to rest behind the bars having the same time period..
Roshni B.. (For justice and dignity) 13 January 2012
i very much endorse all the views of rajiv lodha.
i also support it that girls' parents must not pay dowry to greedy parties when they demand before marriage.
however,dowry has become so much of an "essential bribing tradition", that such parents feel it's better to pay dowry to avoid harassment later on.
see,even an innocent looking,idealistic type of family which accepts your girl without dowry may harass her later for the same.so no parent wants to take chances for his daughter.
Ranee....... (NA) 13 January 2012
Parents who give dowry for a happy married life of their daughter, how can they break home of the same daughter without any reason and in greed of money from her in-laws?
I dont think all cases wherer no conviction was there are false, these are false because it is hard to collect proof of harrassment by a newly married girl who has to live among new people in a new environment.
But those who really files false cases just for easy money they should be behind the bars....i agree.
galsober@yahoo.co.in (def) 14 January 2012
Any law can be misused, so deterrence is must who level false allegations of a cognizable, non-bailable offence. DP3 has provision 4 that but its SEVERLY UNDERUTILIZED!
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 January 2012
Punishment may be raised to 7 years for true cases, but false complainant should be punished with atleast 6 months in jail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com