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Tajobsindia (Senior Partner )     24 February 2011

Govt. Says Offence under Sec 498-A IPC to be bailable

A take: To all Hon’ble Members of the LCI including a Hon’ble prudent Ld. Advocate suggestions on analyzing news item with Judgment this news is of societal value and may be taken as things to happen soon on much awaited amendments of S. 498a IPC misuse as expressed by division Bench of Hon’ble SC and shall be taken at that value only.


I assume a take from common man
is permissible on the basis of the larger public interest. I hope I am clear and you respected members would continue to discuss relevant changes required under this draconian family breaking law to link it without bothering about one sections of spouse particular interest the news is referred therewith.  Well this news item has also pawed the field wide-open for prudent discussions on proposed Amendment of S. 498a IPC and I welcome them on board.  

 

News: Govt: Offence under Sec 498-A to be bailable


Jaipur:
Government is mulling making bailable offences under Section 498-A of IPC, which allows police to arrest the husband and in-laws of a woman for subjecting her to cruelty.

Union Minister for Law and Justice M. Veerappa Moily has voiced concern on the misuse of the provision during a meeting of the Law Commission of India on February 18.


"Efforts have been initiated, we are taking opinion of police administration of each state," Justice Shiv Kumar Sharma, Member Law Commission, told PTI.


He said the process has been started from Rajasthan. "A meeting is proposed on February 24 with the state DGP and other top officials to gather suggestions to prevent its misuse," he said.


"After obtaining a detailed opinion from across the country, we will submit our report suggesting necessary amendment including a suggestion to make offence under section 498-A bailable," Justice Sharma said.


According to this section, which was added in year 1983, a woman or her relative can file file a complaint against her husband and his relatives for subjecting her to cruelty and the offence is non-bailable.


Recently, a division bench of Supreme Court comprising Justices Dalveer Bhandari and K
S Radhakrishnan while sending a copy of its judgement delivered on August 17, 2010 to Union Law Minister, had suggested suitable changes in the law.


The bench observed, "We come across a large number of such complaints which are not even bona fide and are filed with oblique motives.


"It is also a matter of common knowledge that exaggerated versions of incidents are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases," it said.



Source:
https://ibnlive.in.com/news/govt-offence-under-sec-498a--to-be-bailable/144199-3.html

 



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Tajobsindia (Senior Partner )     24 February 2011

Snippets of start of welcome comments by sections of general public on Govt’s. move to amend S. 498a IPC @

 

https://timesofindia.indiatimes.com/opinions/7559449.cms

 


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