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Views of Criminal Lawyer on the misuse of Section 498A

According to Mr. Kislay Pandey – Criminal Lawyer, the Supreme Court of India.”To address this problem, the Supreme Court of India asked the state governments to ensure that the police will not immediately arrest the accused in dowry harassment cases.

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Views of Criminal Lawyer on the misuse of Section 498A

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  1. Views of Criminal Lawyer on the misuse of Section 498A

  2. Criminal Lawyer • f Law protects people from the damaging hands of miscreants then it also guarantee the freedom of innocent people. Justice for all is the soul of the law of every civilised society and in no way it allow that perpetrator of crimes mould it in their own favour. The decade of 1980s was the worst period for brides in the independent India, thousands of women succumbed to the pain and injuries lays upon them by their husbands and in-laws. According to Mr.KislayPandey – Criminal Lawyer, the Supreme Court of India.” Lost in the incessant greed of dowry people heinously burnt their daughter-in-laws and they escaped freely just projecting the murder as mere accident. Later, the government of India took some stringent actions and formed 498A to punish the wrongdoers. This law was warmly appreciated by all and especially by women activists.”

  3. Criminal Lawyer • After the implementation of 498A, the number of dowry related deaths in India experienced a sudden fall which is really a big relief for the whole nation. The perpetrators of crime were alert that any negative action by them can lead to sudden arrest and it was non-bailable. Gradually, keeping in mind the severity of 498A many women started to make false allegations on their husbands and in-laws. The misuse of 498A become so ironical that even in families where parents of the groom are bedridden and his siblings are settled abroad were victimised by the daughter-in-law for her vested interest. Many innocent people have become the victim of the foul plays of sons’ wives, it is really very much shocking.

  4. Criminal Lawyer • According to Mr.KislayPandey – Criminal Lawyer, the Supreme Court of India.”To address this problem, the Supreme Court of India asked the state governments to ensure that the police will not immediately arrest the accused in dowry harassment cases. From now onward the magistrate should ensure preliminary evidence against the Section 41 checklist before allowing further detention and the magistrate will only authorize the detention only after getting satisfactory evidences. The bench of Supreme Court justices cleared that, police can no longer automatically arrest the accused under the dubious anti-dowry law.”

  5. Criminal Lawyer • According to Mr.KislayPandey - Criminal Lawyer, the Supreme Court of India,” It is an intelligent rule of the court. The earlier trend of first arrest and then proceed with the rest was really very worrisome for innocent victims. Now it is mandatory to the police to give valid reasons before the magistrate for arresting the accused under dowry law.” • As per Supreme Court ruling there were fast increase in the number of cases under the anti-dowry law to harass in-laws. It also said that this check-list for arrest and detention would apply to all offences, which are punished with a prison term less than 7 years.

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