LOK SABHA - Law Minister updates on Misuse of IPC 498a

LOK SABHA - Law Minister updates on Misuse of IPC 498a 

 

 

Misuse of Section 498A

In the cases Preeti Gupta v. State of Jharkhand (decided on August 13, 2010) and Ramgopal v. State of M.P. (Order dated July 30, 2010) relating to Section 498A, the Supreme Court of India has observed that complaints are not always bona fide and are at time filed with oblique motive. The Court has, inter-alia, requested the Law Commission of India to examine different aspects of Section 498A including that of making it compoundable. Giving this information in written reply to a question in the Lok Sabha today Shri Salman Khurshid, Minister of Law & Justice, said that the Law Commission of India has considered the above decisions of the Supreme Court of India. As per the information received by the Commission, more than one lakh cases are pending. The subject relating to Section 498A has been discussed at the meeting of Law Commission of India held on 31st October, 2011 and in the light of deliberations, the Law Commission will prepare the Report which will detail the need to make the offence under Section 498A IPC ‘compoundable’ or not. The Report will also deal with other aspects relating to Section 498A such as making it bailable, process of arrest, conciliation etc.

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(Release ID :78322)

http://pib.nic.in/newsite/erelease.aspx?relid=78322

Panel for changes in dowry law and maintenance law (s125 CrPC)

Panel for changes in dowry law and maintenance law (s125 CrPC)

Bangalore, Sep 27, DHNS:

The State Law Commission has recommended amendment to section 498-A of the Indian Penal Code, which deals with dowry harassment cases.

So far, when a complaint was registered under this section, police could take members of husband’s family, including aged parents, into custody. Noting that this provision might give room for its misuse as well, the commission has recommended amendment to the section.
The commission, headed by Justice V S Malimath, on Monday submitted a total of 12 reports on different sections of the Code of Criminal Procedure to Law minister S Suresh Kumar.
The panel has also recommended amendment to section 125 of the CrPC to ensure that wives get proper alimony in divorce cases. The section should be amended in such a way that the man, in such cases, should declare his assets, so that the wife gets alimony and child support accordingly, the recommendation states.
Malimath said in certain cases of divorce, the wife failed to get proper alimony because the man did not disclose his assets. If the law makes it mandatory for the husband to declare his assets, the wife and children will get their due alimony.
Justice Malimath urged the government to implement the recommendations at the earliest. Kumar said the government would go through the pros and cons, before steps are taken.

http://www.deccanherald.com/content/100242/panel-changes-dowry-law.html

Allow compounding of cognisable offences including 498A cases, says SC

Allow compounding of cognisable offences including 498A cases, says SC

TNN, Aug 5, 2010, 03.28am IST

NEW DELHI: To lessen the huge pendency of cases and encourage conciliation among warring litigants, Supreme Court has urged the Centre and Law Commission to examine whether non-compoundable offences under IPC, including those under Section 498A, could be closed after the parties settled.

At present, cases in which a husband or his relative is booked under Section 498A for subjecting a woman to cruelty or anyone charged under Section 326 for causing grievous hurt by dangerous weapon or means fall under the non-compoundable category and courts are barred from closing the cases even after the opposing parties have reached an amicable settlement.

Looking at similar cases before the court and in particular a case under Section 326 where the parties had arrived at an amicable settlement, a Bench comprising Justices Markandey Katju and T S Thakur said, "There are several offences under the IPC that are currently non-compoundable. These include offences punishable under Sections 498A, 326 etc. Some such offences can be made compoundable by introducing a suitable amendment in the statute."

It added, "We are of the opinion that the Law Commission of India could examine whether a suitable proposal can be sent to the Union government in this regard. Any such step would not only relieve the courts of the burden of deciding cases in which the aggrieved parties have themselves arrived at a settlement, but may also encourage the process of reconciliation between them. We, accordingly, request the Law Commission and the government of India to examine all these aspects and take such steps as may be considered feasible."

The court asked the SC secretary general to send a copy of the order to the Law Commission and the law secretary. The Bench requested the law secretary to place this order before law minister Veerappa Moily.

http://timesofindia.indiatimes.com/india/Allow-compounding-of-cognisable-offences-including-498A-cases-says-SC-/articleshow/6257732.cms