How a victim of false 498a case can apply for compensation?

@Arupji,

The courts have also developed a new area of compensatory jurisprudence

It’s called Compensatory Jurisprudence for the Victim.

To rehabilitate the convict is the essence of criminology till a decade back. In late last century the science of compensation has emerged for the welfare of the victims of crime. The life of the victims is worse than that of the criminals. Compensatory jurisprudence is for the victims.

For further reading go to https://india.indymedia.org/en/2005/03/210228.shtml

250.   Compensation for aceusation without reasonabie cause. –

(1)       lf  in any case instituted upon complaint or upon information given to a police officer or to Magistrite, one or  more persons is or are acccused  before a Magistrate of any offence triable  by a Magistrate, and the Magistrate by whom the case is beard discharges or acquits all or any of the accused, and is of opinion that there was no reasonabie ground for making  the accusation against them or any of them, the Magistrate may, by his orde of discharge or accuital , if the person upon whose complaint or information or  the accusation   is present, call upon him  forth how cause  why y be should not pay compensation  to such accused  or to cach or any of such accused when there are more than one  or, if such peson is not present  direct the issue of a summons to him to appear and show cause as aforesaid.

(2)       The Magistrate shall record and consider any cause which such complainant or informant may show, and if he  is satisfied that there was no reasonable ground for making the accusation, may  for reasons to be recorded, máke an order that compensatíon to such amount  not exceeding the amount of fine he is empowered to  impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them.

(3)       The Magistrate may, by the order directing payment of the compensation under sub-section (2) further order that, in default of payment, the person ordered to pay such compensation shall under go simple imprisonment for a period not exceeding thirty days.

(4)       When any  person is imprisonment under sub-section (3), the provisions of sections 68 and 69 of the lndiail Penal Code (45 of 1860) shall, so far as may be, apply.

(5)       No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him:

Provided that any amount paid to an accused person under this section shall be taken in to account in awarding compensation to such person in any subsequent civil suit relating to the ssame matter.

(6)       A complainant or informant who has been ordered under sub-section (2) by a  Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order as if such  complainant or infonnant had been convieted on a trial had  by such Magistrate.

(7)       When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has  elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.

(8)       The provisions of this section apply to summons-cases as well as to warrant cases.

@ Arup and others

1. All said rosy reading wise ...... fine

However, ask same friends of yours how much time they can invest to seek remedy under compensation Laws now that they all are acquitted from such serious family breaking charges?

I bet the ratio is 1: 40000; if you differ then forthcoming time is a great statistics ...........
Reasoning:
(a) Once cases over same person may never like to go back to deficient concerned Court of Law as we donot have a system called Court of Justice.  
(b) What you all need to do is sending Articles to same Judiciary every day  means to each concerned Courts as anonymous then only their conscience will wake up.
(c) Through Internet it never worked except creating awareness that also to a victim till he is calling himself a victim post his acquittal he prefers to rebound to regain his lost life / youth / time / family etc. etc.


PS.: You have all the rights to differ to my views.

But, all the best.

why cant a civil case be initiated for recovering damages caused by false allegations. Law provides recovery of attoeney fees, travel fees incurred as a result of initiating  or defending the lawsuit - correct ? 

ADAM JI

I STRONGLY BELIEVE THAT THERE MUST BE SOME PROVISIONS, WHICH NOT YET KNOWN TO US, BUT WE WILL KNOW IT.

 @ Arup

1. The maximum compensation that was offered is Rs. 50,000/-
2. It is done via a written complaint to Human Rights Commission.
3. A close victim person from Delhi known to me is already offered by HRC the above amount via Delhi Police as his matter has been proved False by Delhi Police own admission in writing to the Commission Chairperson.
4. Some day if I am in mood I will give you all the steps we followed in chasing this matter for almost 3 years to come to un-acceptable offer of Rs. 50,000/- which is pittance compared to all that was lost to this victim by unleashing legal terrorism read with legal rape by Lawful Authorities.
5. Like I keep saying here there is a method to chase false cases which many of you mock at me but I will stand to what I say here.

Thanks for the great ideas and comments. Me and my parents are also the victims of misuse fo 498A. My wife died due to burn. Her dying statement was in our favour. Still my in laws managed to filed 498A/ 304B/37. Now we are under trail. If you can guide me, then I will be very helpful.

Note: Since I get bail, I am fighting against misuse of 498A.

First of all, I thank Arup ji for starting this thread. I hope this thread cathches the attention of many victims.

Tajobs, I agree with you. Truth is that, after facing so much injustice over many years, even when they are acquitted, the victims no longer have any faith in the system. So, they do no prefer counter litigations and try to run away from this whole mess. It is understandable as they are the ones who perfectly know that truth and justice is not enough to win a case.

And I still believe that the trend will change if some courageous victims decide to fight back in courts, that too after gaining enough knowledge of law. There is always a first step. Lets decide that we wil fight it out and not run away even after acquittal. Its a tough battle, but will surely benefit the society as future law misusers will learn that these cases are not always a win-win situation if the falsely accused decide to fight back for their dignity, life and liberty.

IN fact, my experience says that most of the husbands trapped in false cases never fight back. As soon as they get divorce, they "rush" to get married again and then forget about all this trauma forever. Instead their sisters are ruined forever, irrepairably. First these husbands should decide to fight for the injustice done to their families, even if not for themselves.

Get activated and remember "God helps those who help themselves!"

I beleive that the Indian courts, Indian Police  are trained to be sympathetic towards women who allege that they are victims of domestic violence. 

Due to lack of any lobbying efforts in India, the "system" continues to believe  that domestic violence is a patriarchal practice against women. Using this theory, feminists ( and the Indian lawyers ) argue that women are incapable of committing domestic violence against men. 

Please read the attached research paper - Use it in your litigation efforts to show case that there is a rising trend of DV by women against men. 

Also, quote relavent references from : https://pubpages.unh.edu/~mas2/ipv-violence-by-women.htm .

Revisiting the question again posted by Mr Arup Ji and brain storming:

"Under this circumstance ( ie false accusation of DV), when the said husband insulted by the State or the wife and in laws what to do? How it will be compensated? 

I am searching the legal remedy of it."

In no particular order, can the following be used to make a case against the women ?

1. When wife filed false DV, she has made false statements to the court under oath. Isnt that perjury ? 

2. Damages suffered by Respondent- physical/emotional/financial losses as a result of DV or litigation. 

women have committed domestic violence against men and they still do. i remember this incident which happend to my aunt's friend's son, he was studying engg in a boarding college on the outskirts of my state. there senior girls used to gang up to make fresher boys to take off the shirts and do various things, when they refused they used to threaten with physical injury with their male classmates.

these kind of things happen but our anti male and pro female media sweep these kind of things under the carpet, because most of them are headed by females (barkha, radhika roy, etc) who don't want shame to come on womankind and lose face and always want to project women as seedhi saadhi.

you are very correct mr adam.

mr zammerzipper also

hai experets ,

my ,wife has filled a false 498a against me and my family, after regular bail i was running the business as usally , a small embriodery unit , my wife came to the factory and dispossed forcible , with goonda elements , and ladies team , and with her brother , and her parents , and with police power , from past 10 months , iam unable to go to my factory ,  she is running the bussiness nicely , and enjoying the said fruits of the factory ,,,,,,,, if i go near to the factory police people are harrasing me that if you g the factory we will file a big cases against you ,because they have good understanding and police are also collusion with her ,,,,,,, how can i file a compansition case on her damages clam om loss of ussiness , please help me guide meee