Defences for 498a

what is this thread about, buddy ??

( In a lighter vein..)

One of the possible defense against false 498a/DV could be to employ lathaiths from United States of America 

Bihar.(USB)

These lathaiths, per some folk lore, claim to have caused fair trial and ultimately led to rendering of justice to the aggrieved when the normal course of justice failed. 

Until the loopholes of 498 and DV are not plugged and made gender neutral, the USB lathaiths may be able to  provide self defense and stop provocation. 

Disclaimer - In lighter vein strictly, Do not try to read between the lines and act. 

These are no defences.

Provocation to demand dowry???

shonee

how there is an offence and there is no defense? we must find out defense.

yes provocation is not a defense in dowry case but:

Acquiescence to the acts or conduct of the defendant, but submission to acts must be voluntary. what about that?

isn't it possible that the woman knows about dowry and she voluntarily  agrees to marriage knowing that she has to pay dowry. but later she refuses to pay.

the point is the girl can reject the marriage if she did not want to pay dowry.

what about that?

if there is no defence for an offence then there is no need of a defense attorny. why defense lawyer is needed then.

then right to equality in law will be violated. it is that before trial one is proved guilty and there is no comeing back.

this will be a mockery of justice.

i hope that this 498A must be drafted by a DALIT politician and not by a HIGHER CASTE  politician.

this 498A  is unconstitutional to its core. it should either be changed or be repealed totally.

isn't it possible that the woman knows about dowry and she voluntarily  agrees to marriage knowing that she has to pay dowry. but later she refuses to pay.

the point is the girl can reject the marriage if she did not want to pay dowry.

first of all, demanding dowry is a crime.

why defense lawyer is needed then.

To lessen the possible damage which would occur without any defence at all !!

i hope that this 498A must be drafted by a DALIT politician and not by a HIGHER CASTE  politician.

I wonder, what case has to do with 498a !!!

this 498A ... should either be changed or be repealed totally.

I agree.

I wonder, what caste has to do with 498a !!!

@Arnab 

Also read this old thread by D. Arunkumar.

https://www.lawyersclubindia.com/forum/Dummies-guide-How-to-file-S-498a-IPC-the-better-way--23055.asp

well the punishment for 498A is compromise money.

thats amezing! now i am going to predict a possibility:

poor women when marrying rich men will always take the benefit of 498A to loot and plunder or milk their husband. they will frame FALSE DOWRY cases.

someone must stop it at all cost.

if compromise money is the punishment, is bankrupsy or insolvency a good defense for 498A ?

vulnerability increases with wealth.

So, earn less, become financially poor !!

@Author,

After 498a is filed - 

1) When you come to know, that there is an FIR, you can abscond and get Anticipatory Bail from the Sessions court or the HC

2) If  somehow you do not get AB, you have to go inside for 5-7 Days

3) Discuss with a good lawyer about the allegations - whether the allegations, Prima Facie, show that there can be a trial - If No - then approach HC u.s 482 CrPC for quashing of the FIR - if YES -  there will be trial

4) After the charge sheet is filed - there will be framing of charge - You can raise objections u.s 239 of the CrPC if you or your "good lawyer" feels that there is a possibility of discharge - Discharge happens only on LEGAL GROUNDS - make sure your application u.s 239 CrPC is highly technical in nature, supported by various supreme court judgements - 

Even if there are very light grounds for discharge - you can still file a very strong application u.s 239 CrpC - this will give the impression to the other party that you are a strong fighter and will not take you for granted.

Even the judge will be careful while passing any order - since he will know that this guy is technical and will appeal in Hgher Courts in case there is an error in the judgement.

If not discharged - you can appeal in the High Court - the case may not be stayed - but make sure the other pary is sent notice - and let them contest - shell out money - HC is costly

5) If not dischrged - there wil be framing of charges - you plead not guilty and the trial starts.

Sit with a very good lawyer and prepare your questions for cross questioning - REMEMBER THE FIRST CROSS QUESTIONING IS MOST IMPORTANT - BASED ON THIS YOU CAN WIN ALL CASES (DV, 125, Divorce)- all cases fall apart at this questinong stage.

6) After cross questining - you see that the PWs have lied under oath - you can file perjury under section 340 CrPC - THIS WILL PUT ENORMOUS PRESSURE ON THE OTHER SIDE...

7) At any stage if you feel that there has been misuse in the process of Law, you can always approach HC under section 482 CrPC..

Do not waste your time on silly issues like you are discussing in your previous posts - please concentrate on your case - DO NOT GO FOR COMPROMISE AT THIS STAGE - KEEP FIGHTING - THEY WILL COME TO YOU..

8)  You can file divorce under cruelty grounds - let he contest - in the divorce petition negate every allegation given in the FIR - let her lie again in the replies to your divorce petition - Then file perjury for lying under affidavit - this is how you convert an civil case into a criminal case  - SEE YOUR FATHER IN LAW DANCE LIKE A MONKEY IN THE COURT - ENJOY THE DANCE!

VIKRAM

thanks a lot vikram