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Rajesh Kumar (Student)     15 April 2015

Evidence for 498a, 376, or even eve teasing in public

Hi,

I am new to this forum and i need to know the details, In the Domestic Violence case, rape case, 498a, Eve teasing cases etc, the burden of proof that the so called event didnt happen lies in the defendant. How can a guy prove he didnt call you by names, or used abusive language?

Can i have a hidden button camera always running in public places to protect myself. And say a helmet camera while i ride a bike? Will those be considered as evidence. Apparently just the word of the female is enough to convict me. And recording things in public is considered as an offence. So to protect ourselves do males have to live underground?

I seriously wish to protect myself from these false allegations from females. Consider the rohtak bravehearts case. No protection for guys in the indian law. Will filing a PIL against the law be useful, Or can we use our personal cameras everywhere in public?

Please help me with the knowledge of protection from myself.

And any legal format for consent for consensual s*x?



Learning

 6 Replies

Rajesh Kumar (Student)     15 April 2015

I need to know how to protect a guy from such harrasing false cases. What and will be considered as admissable evidence. A video and audio recording from a hidden camera is allowed or not? Say i have a helmet camera when i ride a bike, or button camera in my shirt while commuting in a bus etc? And the evidence should not only protect me, but also should put in light such sociopathic females who thirve on false cases.

T. Kalaiselvan, Advocate (Advocate)     17 April 2015

Burden of proof will lie on the prosecution, the accused can simply deny the allegations in defense.  So dont try such gimmicks.

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Rajesh Kumar (Student)     17 April 2015

Kalaiselvan Sir,

According to my understanding, the females statement alone is considered as proof and in rape case and eve teasing cases, the recent amendment states the defendent have to prove his innocence and the girls statement alone is sufficient. The males have to provide evidence for whatever the girls say happen, didnt happen and not the other way around.

I may be worng, but isnt on that basis they are arresting guys just based on females statement and put them in jail, as it is non bailable offences?

Please clear my doubts?

I know a friend who was just arrested based on the claims of a girl, and put in jail. Even though he was acquited at later stage it took a toll on his life.

What I am asking is if i have an evidence of video and audio recording, i can right away quash the fir, for that If i take a video always and make that as a habit, will that be admissible in court? I am asking for protection from this money mongering females.

https://www.mid-day.com/articles/mumbai-woman-hurls-acid-at-man-tries-to-file-molestation-complaint/16144172

how to protect harrasment from this kind of people?

That is my question, it can happen to any male in INDIA, we are vulnerable as there is no law protecting men. A women can claim anything.

T. Kalaiselvan, Advocate (Advocate)     17 April 2015

According to my understanding, the females statement alone is considered as proof and in rape case and eve teasing cases, the recent amendment states the defendent have to prove his innocence and the girls statement alone is sufficient. The males have to provide evidence for whatever the girls say happen, didnt happen and not the other way around.

 

Which amendment are you talking about?, what is the recent amendment and in which law?, where did you read this or who told you and what?  If the girl is alleging on somebody about an offence, is it justified that the court will punish the accused without proper enquiry/trial, if that is so why should there be a law and court, the police can themselves punish?  What is the reason for panic?  Arrest is on the basis of complaint lodged with the police, but mere arrest will not confirm the offence.

 

 

Your thinking and planning for an event by recording the event  and securing evidence in the form of video  or any other form itself is an illegal act.  Incidences happen, accidents occur, events take place, if not all these would amount to conspiracy.   Therefore your precautionary steps suggested by you will not be considered as an evidence but will be treated as a criminally motivated conspiracy hatched for some wrongful gains and it will back fire.  Leave it to the law, law is equal for all, it is not biased as you have prejudiced about it.


First come out of the circle around you which is filled with wrong notions about a thing which is not in existence.

 

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Rajesh Kumar (Student)     17 April 2015

https://en.wikipedia.org/wiki/Criminal_Law_%28Amendment%29_Act,_2013

The entire amendment is biased sir, Certain changes has been introduced in the CrPC and Evidence Act, like the process of recording the statement of the victim has been made more victim friendly and easy but the two critical changes are: 1. the 'character of the victim' is now rendered totally irrelevant, and 2. there is now a presumption of 'no consent' in a case where s*xual intercourse is proved and the victim states in the court that she did not consent.



The most important change that has been made is the change in definition of rape under IPC. Although the Ordinance sought to change the word rape to s*xual assault, in the Act the word 'rape' has been retained in Section 375, and was extended to include acts in addition to v**ginal penetration. The definition is broadly worded with acts like penetration of penis, or any object or any part of body to any extent, into the v**gina, mouth, urethra or anus of another person or making another person do so, apply of mouth or touching private parts constitutes the offence of s*xual assault. The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence

 

Arrest will not confirm the offence, yes, but arrest means i have to spend time in jail, and bail is not easy in these cases. Arrest only will be reported in media in mass scale not acquital. Arrest alone is sufficient. I am not talking about planning for an event and recording it.

I see in US there are dash board cameras and helmet cameras, which helps guys. I am not talking about planning an event and recording it. I am anticipating, even in accidents, if there is a guy and girl involved it is always guys mistake.

 

If girl says a guy used abusive language in a bus stop where both are there then the guy will be arrested first, But if he have a camera with him always running he need not spend the night in jail.

Check this video, https://www.youtube.com/watch?v=awmBSuSzeZ4.

I am talking about such evidence. Not on intentional recording of an event, but recording everything.

www.mid-day.com/articles/mumbai-woman-hurls-acid-at-man-tries-to-file-molestation-complaint/16144172

In such event, why the guy was not able to protect himself or even file a case agianst the girl, even though he did nothing wrong. Indian law is biased for females. There was some females who protected the guy, if not he would have been in soup. Consider if the police has filed a case on the guy for molestation, i not so sure how many will come to court and be a witness in court.

If they guy was using a device like this https://www.evidencemagazine.com/index.php?option=com_content&task=view&id=1585 He would have been protected. I am not sure such devices are available in India.

I know in a bussiness establishment we can use cctv camera and that can be used as evidence, so i am safe in a place with cctv coverage, but what about in public places without cctv coverage?

"Your thinking and planning for an event by recording the event  and securing evidence in the form of video  or any other form itself is an illegal act." 

What is the act and what is the section? Just to read up on it. I am just equiping myself with knowledge.

I know taking private videos of one particular girl is illegal and taking videos of one girl continously in public is also illegal. I am not talking about stalking, i am talking about taking videos as things as i see it in public. I am not going to track a girl and take videos of her, I am talking about taking videos full time.

CompelledToLearnLaw (Financial Examiner)     20 April 2015

The author’s fears r valid. His posts seem comedic at first but they r true, and enjoyable. And yes, if a woman wants to put a man behind bars, all she needs to do is lie verbally and the man will be locked up for the next few months. This privilege is exercised everyday by females.

 

The Indian justice system does not always believe in presuming men innocent:

 

Indian Evidence Act: 114A. Presumption as to absence of consent in certain prosecutions for rape.-In a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, where s*xual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.

 

Indian Evidence Act: 113A. Presumption as to abetment of suicide by a married woman.- When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

 

Indian Evidence Act: 113B. Presumption as to dowry death.- When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.

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