Friday, 30 November 2012

Supreme Court fumes at arrests on 66A, but what about 498A arrest?



''Do you know what is difference between 66A and 498A? SC earlier termed misuse of 498A as Legal terrorism , but government had not taken any action. So first 498A to be scraped. Make a Google search 498A, who do not know the same.66A At least you need some evidence, 498A you do not need any evidence, only verbal aligation is sufficient to term any tom/dick/harry criminal , let he 3-years old child or 92 yrs old women , let he stay near by your home or stay in Uk or Us or Pakistan.All LAW the arrest should be stopped on the basis of compliant , let you prove your aligation and punish them or hang them, what is the problem? why to arrest some one only on the basis of compliant? Scrab all such law which allow police to arrest any one on the basis of compliant , let the same is false fabricated or true.''


The bottom line is :

Act 66A to register a Man/women need to be write some think which can be assumed offensive, but for 498A to register or arrest some one there is no need to write any think, whatever a wives writes  assumed to be True and the Husbands , his mother , sisters, small child all can be arrested , irrespective their age, location of stay in the name of relative.
Act 66A can be misused against you , but it can't be misused against your father, mothers, sisters, brothers or child, but 498A can be misused against all your relative as mentioned above.

Several time several person bring it , to the Notice of Supreme court and supreme court them self at least 4- times given Judgments about the misuse of 498A and government every time prefer to sleep with the Justification misuse of law is not a ground to amend the law.

Result the misuse of LAW spade like Cancer in society and as Supreme court never interfere to LAW making process, our LAW makers even pass the LAW without any debate as per their wish and common men suffered.

Now as we cant expect any remidey from the Goverment , the Supreme court must review all the LAW where the complint can be registered with assumption and arrest can be possible must be termed nul and Void , let the goverment go back to thier calss room and rewrite the law and stop making duplication of law.

Supreme court must put guidelines and it is time to act as they had given enough chance to govement but they are silent on the ground of misuse of law in this country :

1. A person can't be punished twice for the same offense , so if any law made with duplication to be termed as nul and void.
2. Any law which allow registration of compliant on assumption should be non-bailable only. Let the assumption proved in court and punish them.
3. When any case it had proved beyond reasonable dought the compliant came to court in unclean hand and abuse the process of LAW to gain his own other interest, they must be punished by default at any stage of cases.
4. More and more admissible of technology like voice recording, mobile cal details, video recording, any documentary evidence to be consider as evidence than some verbal allegations or witness statements as prima face evidence.
5. Stop misuse of constitution 15(3) in the name of positive discrimination allow any section to do the crime and get Scot free. Law should be gender neutral and crime based instead of any case, religion or sex.

or

As i already said earlier whole world will make fun of our criminal justice system, where we can't book a real criminal , but can arrest any Tom/Dick/Marry on some assumption based criminal law as the same is Non-bailable.


Join SIF Team to Stop this legal terrorism of India and demand to replace the word Husband/wife to Spouse to all marriage related LAW or policy like all over world follow instead of making assumption that all wives born in Raja Harish Chandra family ( never lie) and all husbands born in Criminal family.

We wonder Whose life is in More Danger in India : Men or Women







  • Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why?

  • 2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.

  • 2007 Crime Bure Data : Married Men Sucide:57593 vs. Married Women Sucide:30064.

  • Will Our LAW Maker change the LAW 304B( dowry death) to 304C( Sowry Death) and 498A ( harassment to wife) to 498B ( Sowry harassment by wife)


  • Details of Dowry Law Cases for the year 2007 (Source - NCRB)




    S. No.Description2007%age




    1No. of Person Arrested under (498A +304B)*215733100%




    2Child- Under 18 Years4570.21%




    3Senior Citizen-Above 60 Years67643%




    4Women4045119%




    5No of Persons arrested under 304B*2819313%




    6No of persons arrested under 498A18754087%




    7No of persons chargesheet16504077%




    8No of persons arrested but not chargesheeted88574%




    9Under investigation41836




    10No of persons under trial * in 498A and 304B IPC750736




    11No of persons who have completed the trial (498A + 304B)10474549%





    No of persons completed trial only in 304B16816





    No of persons who have completed trial only in 498A87929




    12No of persons convicted under 498A and 304B1882718%




    13No of persons convicted under only 304B558033%




    14No of persons convicted only in 498A**1324715%




    15No of persons whose case acquitted / discharged only in 498A7468285%




    16Only 498A case of living women court found guilty after trail ( 87-85)%
    2%




    17No of persons whose cases have been compounded or withdrawn137396%





    % of Person found not guilty vs Arrest in 498A on average
    94%

    *Total no of persons under arrest including those in previous year


    ** Person convicted under 304B are also convicted under 498A


    hence, those convicted only in 498A is 12-13






    Hightlights : 


    1.  94% of the people arrested were found not guilty (pre & post trial).


    2.  85% found not guilty after the completion of the trial - but these 85% were also arrested without any investigation. Maximum convection in 498A in case of 304B( 18827 trial), where the person allready spend more than 1 year Jail, but proved their innocence in 304B, but convected in 498A by defult to neturilise the Jail term.








    Source : http://ncrb.nic.in/cii2007/cii-2007/table12.htm

    2 comments:

    Sandesh said...

    Hope these well researched points, puts some sense in the head of Judges.

    Anonymous said...

    Judges have scrapped this 66A because of few people's reaction viz. Media, without much Merits. They will never scrap Unconstituional/Gender Biased Laws like 498a because People have not reacted Popularly/Strongly in the language they understand and because they are not Justice Oriented (except lip service).

    Actually, Judges have become Criminal Case Hungry conspiringly misusing/ misintrepreting Crl laws (as per their whims& fancies) JUST for furthering their own Vested Interests (Increasing their Power/No/Adocates livelihood)..

    Thats why they never detect/punish False Complainants equally (for Misusing Crl Law and for Suppressing Constitutional Guarantees of Respondent's Free& Honourable Living). Inferior Crl Law. cannot suppress Constitutional Guarantees.

    Its high time we demonstrate very strongly and enact strong Judicial Accountability Bill with severe/ fast-track Punishments of such errant Judges besides appointing Law-Making Citizens/Reps themselves as Judges of Supreme Parliamentary Justice Committees (otherwise these judges will escape by brotherhood biasness) for Investigating/ Prosecuting/Punishing Judges who have never detected/punished False Complainants or Misintrepret Laws.
    (01MP=01SC Judge and 35bench judgements should be over-turnable by 36MP judgements in all Matters incl. their Dismissals).
    We can counter Misuse of Power by Elected Reps by having yearly elections so that they will fear Electors& real Law makers.
    Krishna