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N.K.Assumi (Advocate)     17 February 2011

narco test for 498a Complainant.

99% of the 498a complaint against man in India is false as such for speedy disposal of  498a cases Narco test or brain Mapping should be used against the complainant under 498a, do you agree?



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 4 Replies

Avnish Kaur (Consultant)     17 February 2011

not allowed , it violates right to life and privacy also its value is not reliable as evidence in criminal cases.

also no 0ne can be convicted on bais of his own statements.

Democratic Indian (n/a)     18 February 2011

Narco Analysis in addition to being very unreliable is also unconstitutional. It violates Article 20(3) and 21. Supreme has already held narco analysis as unconstitutional.

N.K.Assumi (Advocate)     19 February 2011

Yes, supreme Court said it, but going by the magnitude of implicating man with false cases with DVA and 498a leading to sucide by mental torture and harrasment of husbands and husband's relatives including minor children, with the plea bargaining and blackmailing by the women with their Mahila kendra which is like legalizing prostitution through matrimonial laws. As such Narco test should be conducted on the complainant for speedy disposal of the DVA and 498a cases, as the longer the proceedings goes the deeper the mental and insults and harrasment are meted out to the husband with the DVA and 498a. The anti dowry laws has thrown away all the finest doctrine of our criminal jurisprudence to the wind and husband once traped in it he has to defend himself against the charges while the woman does nothing to prove her claims and it is the husband who has to prove his innocence, is it not against all the cannons of our criminal justice that the prosecution prove the guilt of the accuse to the hilt? If the law can be twisted in favor of woman, why not the law also come in aid of the husband? I am of the view that  this principles is just a mockery to our judicial systems worst than Armed Forces Special Power Act.

KNK A Learner (Learning to share)     29 November 2011

Fundamental rights are only for women in , Not for man in india. Wife can easely file the case, without checking the veracity the Police for bribes and court with sympathy harrasssing husbands and family, Once you are implicated in False 498a, the pain is in innumerous ways like loosing reputation in society, mental harassment, family problems etc.

There should be a way to stop this, i believe fixing all the MLA & MP's in false 498A case would bring us a solution, they will definetely pass a resolution towards solution.

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