Judgment/guidelines needed

In the criminal case the burden of prove lies upon the accused and you have to prove that wife has produce fake bills of stridhan and during the cross examination of complainant she will be divert from many vital points which will be beneficial to you

THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985

 

G.S.R. 664 (E), dated 19^th August, 1985.- In exercise of the powers conferred by Sec.9 of the Dowry Prohibition Act, 1961 (28 of 1961), the Central Government hereby makes the following rules, namely:

1. Short title and commencement.-(1) These rules may be called the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.

 

(2) They shall come into force on the 2^nd day of October, 1985, being the date appointed for the coming into force of the Dowry Prohibition (Amendment) Act, 1984 (63 of 1984).

 

2. Rules in accordance with which lists of presents are to be maintained.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

 

(2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

Every list of presents referred to in sub-rule (1) or sub-rule (2),-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage:

 

(b) shall be in writing;

 

(c) shall contain,-

 

(i) a brief descripttion of each present;

(ii) the approximate value of the present;

(iii)the name of the person who has given the present; and

(iv)where the person giving the present is related to the bride or bridegroom, a descripttion of such relationship;

 

(d) shall be signed by both the bride and the bridegroom.

Explanation. 1.- Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining the signature on the list, of the person who has so read out the particulars contained in the list.

Explanation 2.- Where the bridegroom is unable to sign he may affix his thumb-impression in lieu of his signature after having the list read out to him and obtaining the signature on the list of the person who has so read out the particulars contained in the list.

 

(4) The bride or the bridegroom may, if she or he so desires, obtain on either or both of the lists referred to in sub-rule (1) or sub-rule (2) the signature or signatures of any relations of the bride or the bridegroom or of any other person or persons present at the time of the marriage.

 

 

Indecent Representation of Women (Prohibition) Rules, 1987

 

 

G.S.R.822 (E), dated 25^th September, 1987.- In exercise of the powers conferred by Sec.10 of the Indecent representation of Women (Prohibition) Act, 1986 (60 of 1986), the Central Government hereby makes the following rules, namely :

 

1. Short title and commencement.- (1) These rules may be called the Indecent Representation of Women (Prohibition) Rules, 1987.

(2) They shall come into force on the 2^nd October, 1987.

 

2. Definitions.-(1) In these rules, unless the context otherwise requires,-

 

`Act’ means the Indecent Representation of women (Prohibition) Act, 1986 (60 of 1986) ;

 

(b) `article’ means any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation of figure;

 

(c) `authorized officer’ means any Gazetted Officer authorized by the State Government for the purpose of section 5 of the Act.

 

(d) `section’ means a section of the Act.

 

(2) Words and expressions used in these rules and not defined, shall have the meanings respectively, assigned to them in the Act.

3. Manner of seizure of articles.-(1)Every seizure made in pursuance of the provisions of sub-section (1) of section 5 shall be made in the manner hereinafter provided in these rules.

 

(2) The authorized officer seizing any advertisements or articles under sub-section (1) of section 5 shall prepare a list of such advertisements or articles containing such details relating to the descripttion, quality, quantity, mark, number and other particulars thereof as he may consider relevant to the identity of such advertisements or articles in any proceeding under the Act, in the Form annexed to these rules.

 

(3) The authorized officer shall pack and seal such advertisements or articles in the manner provided in rule 4 and shall deliver a copy of the list so prepared to the person from whom such advertisements or articles are seized.

 

(4) The advertisements or articles so seized shall be marked with a distinguishing number and shall also be signed by the authorized officer, the person from whom such advertisements or articles have been seized and two respectable inhabitants of the locality. If it is not possible to mark any such advertisement or article, the marking may be done on the packaging or in any other manner which the authorised officer thinks proper.

 

4. Manner of packing and dealing with advertisements or articles seized.-(1) The advertisements or articles seized shall be packed in adequately strong paper, cloth or in any other packing material in such a way that the advertisements or articles may not be tampered with and the ends of the paper, cloth or other packing material shall be neatly folded and affixed by means of gum or other adhesive or stitched in or tied.

 

(2) The package shall be further secured by means of strong twine or thread and the twine or thread shall be fastened on the package by means of sealing wax on which there shall be at least four distinct and clear impressions of the seal of the authorised officer of which one shall be on the top of the package, one at the bottom and the other two at the body of the package and knots of the twine or thread shall be covered by means of sealing wax bearing the impression of the seal of the authorized officer.

 

(3) Where necessary, the authorized officer shall put the advertisements or articles in a box, a container of a suitable material and size and seal it in the manner provided in sub-rule (2).

 

5. Manner of seizing and sealing advertisements or articles in certain cases.-Notwithstanding anything contained in rules 3 and 4, where the authorized officer is of the opinion that it is not possible to seize and seal any advertisement or article in the manner prescribed in rules 3 and 4 due to the size or the nature of such advertisement or article, he may take such steps as he thinks fit for the seizure and sealing of such advertisement or article without affecting the integrity, utility or saleable value thereof.

 

 

THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) RULES, 1987

 

F O R M

( See rule 3(2) )

 

List of Advertisements or Articles Seized

To

(Name and address of the person from whom the advertisement(s) or article(s) are seized)

………………………………………………………………………………………… …………………………………………………………………………………………

 

The advertisement(s), article(s) detailed below has/have this day been seized by me under sub-section (1) of section 5 of the Indecent Representation of women (Prohibition) Act, 1986 (60 of 1986), from the premises……………………….situated at …………………………..

 

Details of advertisement(s), article(s) seized:

 

Place……… ………………

(Authorised Officer)

(Seal) Area…………

 

 

 

COMMISSION OF SATI (PREVENTION) RULES, 1988

 

G.S.R. 360(E), dated 21^st March, 1988.- In exercise of the powers conferred by Sec. 21 of the Commission of Sati (Prevention) Act, 1987 (3 of 1988), the Central Government hereby makes the following rules, namely:

 

1.Short title and commencement.- (1) These rules may be called the Commission of Sati (Prevention) Rules, 1988.

 

(2) They shall come into force on the date of their publication in the Official Gazette.

 

2. Definitions.- (1) In these rules, unless the context otherwise requires,-

"Act" means the Commission of Sati (Prevention) Act, 1987 (3 of 1988);

"prohibitory order" means an order issued under Sec. 6;

"section" means section of the Act.

 

(2) Words and expressions used but not defined in these rules and defined in the Act shall have the same meanings as are respectively assigned to them in the Act.

 

3. Delegation of power to prohibit certain acts.- (1) The State Government may, by order and subject to such conditions as it may deem fit to impose, direct that the powers of the Collector or the District Magistrate under Sec. 6 may also be exercised by such other officers not below the rank of the village officers.

 

4. Prohibitory orders under Sec. 6, how made.- (1) Every prohibitory order under Sec. 6 shall be made by beat of drum or other customary mode, in the concerned village, or in case of town or city, in the locality in which the act prohibited is likely to occur or has taken place.

(2) The prohibitory order shall be displayed at some conspicuous place in the area or areas to which such acts relates and a copy thereof shall also be displayed in the office of the officer issuing the prohibitory order and such display shall be taken as a sufficient notice to all persons concerned in the area of areas to which such order relates.

 

5. Manner of making order for removal of temples or structures under sub-section (1) of Sec. 7- (1) Before making any order under sub-section (1) of Sec. 7 for removal of any temple or structure, the State Government or any other officer authorized by the State Government in this behalf, shall give at least ninety days’ notice to the person or persons involved in the acts complained of, and also to the owners and occupiers of the temple or structure proposed to be removed.

 

(2) The notice under sub-rule (1) shall specify-

 

(1)the temple/structure proposed to be removed, its location and other particulars,

 

(2)the owners/occupiers of the temple/structure, and

 

(3)the specific instance or instances or worship or ceremony contravening the provisions of Sec.7.

 

(3)The Government or the officer authorized by the State Government in this behalf shall, after giving reasonable opportunity of being heard to the persons specified in the notice, order the removal of the temple or structure through a police not below the rank of the Sub-Inspector.

 

6. Manner of making order for removal of temples or structures under sub-section (2) of Sec. 7.-(1) After issue of a prohibitory order under Sec. 6, the Collector or the District Magistrate, or such other officer as directed by the State Government by order under rule 3 shall, before making any order for removal of any temple or structure under sub-section (2) of Sec. 7 give at least ninety days’ notice to the owners and occupiers of the temple or structure proposed to be removed.

(2) The Collector of the District Magistrate, or such other officer as directed by the State Government by order under rule3, shall follow the provisions of sub-rules (2) and (3) of rule 4 in the case of orders made under this rule.

 

 

7. Inventory and forfeiture of the property of temple or structure.- As soon as the order of removal of the temple or structure is executed, the State Government or the Collector or the District Magistrate, or as the case may be, the officer as directed by the State Government by order under rule 3, shall prepare an inventory of all the material and other property obtained after removal of such temple or structure specifying in it the place where it is lodged or kept, and shall forward the intimation thereof to the Special court for declaration of forfeiture of the said material or property to the State under Sec. 13 , if the Special Court considers it necessary so to do, and shall also give a copy of the inventory to the owners/occupiers of the temple/structure removed.