A gift of Justice to those, who suffer the false involvement in the cases of cruelty by their wives, is brought by the government of Narendra Modi, by providing its plan to amend the policy of section 498A of the Indian Penal Code, 1860 and to provide a new policy which is expected to lead for real justice.
The plan is to amend the provision of section 498A of the Indian Penal Code, 1860 and to provide for compounding of offence thereof. Moreover, currently, there is a penalty of Rs 1,000/-, if a dowry harassment case is proved wrong or proved that the law is misused. However, the expected change in this respect will provides for Rs 15,000/- fine. Also the accused will be given an option to escape jail by paying a penalty, by inserting a new provision therein.
The provision of section 498A of the Indian Penal Code, 1860 deals with offence of cruelty against the Wives who are being subjected to it by their Husbands and others from his families, in furtherance of their illicit demand i.e. Dowry. And the punishment which the offender under this provision will face, can be extended to the period of 3 years, if he proves guilty. The provision is non-bailable and also non-compoundable. Thus, the law making authority has provided a weapon in the hands of wives who were being subjected to cruelty in the hands of their Husbands and also in many cases, their in laws.
It is the natural rule that a weapon can be used with both good and bad intentions. And in case of the weapon which is being provided to the Wives by this Section, there was seen huge misuse of it. There can be seen many matters which are being decided by the Courts or even the matters which are being pending, where the accused persons under this provision are falsely charged and subjected to their mental stress. Even their reputation in the society will lower down due to their being falsely charged with such offence.
As such the need for providing a better protection against such misuse was at many occasions felt by the Hon’ble Indian judiciary. Hon’ble Supreme Court in its one of the Judgment has specifically named this Section as a weapon in the hands of disgruntled women and also required a serious look out against this provision by the Legislative organ of the Nation.
Hence, the plan for changing the effect of such provision which was misused many time, will be hopefully changing the scenario where the innocents who were wrongly made accused, will be given a gift of justice. Moreover, making such offence compoundable will also reduce pendency of matters/ disputes by initiating alternative disputes resolution mechanism like Conciliation proceedings or compromises.
A gift of Justice to those, who suffer the false involvement in the cases of cruelty by their wives, is brought by the government of Narendra Modi, by providing its plan to amend the policy of section 498A of the Indian Penal Code, 1860 and to provide a new policy which is expected to lead for real justice.
The plan is to amend the provision of section 498A of the Indian Penal Code, 1860 and to provide for compounding of offence thereof. Moreover, currently, there is a penalty of Rs 1,000/-, if a dowry harassment case is proved wrong or proved that the law is misused. However, the expected change in this respect will provides for Rs 15,000/- fine. Also the accused will be given an option to escape jail by paying a penalty, by inserting a new provision therein.
The provision of section 498A of the Indian Penal Code, 1860 deals with offence of cruelty against the Wives who are being subjected to it by their Husbands and others from his families, in furtherance of their illicit demand i.e. Dowry. And the punishment which the offender under this provision will face, can be extended to the period of 3 years, if he proves guilty. The provision is non-bailable and also non-compoundable. Thus, the law making authority has provided a weapon in the hands of wives who were being subjected to cruelty in the hands of their Husbands and also in many cases, their in laws.
It is the natural rule that a weapon can be used with both good and bad intentions. And in case of the weapon which is being provided to the Wives by this Section, there was seen huge misuse of it. There can be seen many matters which are being decided by the Courts or even the matters which are being pending, where the accused persons under this provision are falsely charged and subjected to their mental stress. Even their reputation in the society will lower down due to their being falsely charged with such offence.
As such the need for providing a better protection against such misuse was at many occasions felt by the Hon’ble Indian judiciary. Hon’ble Supreme Court in its one of the Judgment has specifically named this Section as a weapon in the hands of disgruntled women and also required a serious look out against this provision by the Legislative organ of the Nation.
Hence, the plan for changing the effect of such provision which was misused many time, will be hopefully changing the scenario where the innocents who were wrongly made accused, will be given a gift of justice. Moreover, making such offence compoundable will also reduce pendency of matters/ disputes by initiating alternative disputes resolution machinery like Conciliation proceedings or compromises.
b.y Faim Khalilkhan Pathan