====================UPDATE=====================
Jun/14/09
The amendments are on hold due to sustained opposition by some of the beneficiaries of arbitrary arrests, the lawyers. They consider this “anti-lawyer” as they will lose a huge revenue stream due to the cut back in bail applications, once the gazette notification is issued.
Regardless, please remember that the CrPC amendment to Section 41, is the codification of Joginder Kumar Vs State of UP, 1994. This judgment clearly states that an arrest is an exception and that an arrest should only be made in heinous crimes and that too only after an investigation and must be justified. Please download this judgment and keep a copy with you if you fear an arrest by the police for any reason:
Joginder Kumar Vs State Of UP – 1994
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The amendment to Section 41 of the CrPC has been signed into law by the President Of India.
As soon as the gazette notification is issued, no person can be arrested under 498A by the police without an investigation.
This is what the new Home Minister had to say:
What the bar associations will never tell you is that the police never had the power to make such arrests and that arrest is an exception and not the norm.
The reasons the bar associations are giving for protesting against the CrPC amendments, such as criminals not fearing the law and other such excuses is just plain bullshit.
They are giving their game away by saying with the same breath that these amendments are anti-lawyer and will reduce their income. Really !
How low can you get?
For a measly few thousand Rupees, these lawyers want to have entire families entangled in the corrupt criminal justice system for years !! Talk about ethics!
Now you know why these lawyers are protesting so that they can get bail related gravy. How about doing an honest days work for a change?
In reality, this amendment does away with the need to get bails and anticipatory bails, a rich source of revenue for the lawyers, the dirty Indian cops, some filthy lower court magistrates and public prosecutors.
The CrPC amendments effectively signals the end of using 498A for extortion as the cops can no longer use arrests for extortion. Also remember this, the cops never had the power to arrest without cause or justification. Hence, almost all 498A arrests have been illegal detentions.
This is a significant win for all who are fighting against the tyranny on men and their families imposed by this law, IPC 498A.
The Indian Feminazis are so stupid that they did not foresee the immediate consequence of this law or they would have been up in arms. I saw this coming and kept my mouth shut in order to not draw any attention to this beneficial side effect in the fight against 498A. The stupidity of the Feminazis can be guaged by the fact that they are ignoring the basic tenet of the Constitution, Habeas Corpus or the right against arbitrary detention, which this amendment codifies into the CrPC. They can try to change the Constitution Of India if they are unhappy about these amendments.
PS:
Should the govt decide to reverse course and allow arrests under 498A, I would be very happy. Why ?
The reason being that more Swarup Sarkars will emerge to bash the Feminazis and roll back the gains they made.
So Indian Feminazis, please do your best to roll back these amendments !
________________________________________
We the people of India were losing faith in system in view of corrupt judiciary and barbaric police. This CrPC Amenment is great revolution after RTI which would curb the fraud practice of pro-criminal law. I mean to say criminal elements are using this stringent law to entrap innocent.
Too good,
I was so worried, a false 498A was filed against me and my family just a month ago. Womwn who resort to such methods should be severely punished
I’m toooooooo happy to share my feelings. My wife lodged false complaint with CAW cell three months back and till date threatening me and my old parents to get all of us arrested.She is misusing this to extract money from us. Hats off to all who has taken steps towards this amendment. Now rate of divorce case will significant reduced.
Once again thanks to all.
It is time for cheers!!
what renuka and girija are saying….
ma ma pa pa ..bla bla..look women are murdered…set ablaze…donot trust husband..wives are not liar….
Its very good for our society and families to save from greedy wives and her parents.
Now its time to see wives who will crying to her parents ,”Papa ur mummy Ye kya ho gaya..ab ham kaise lootenge, husband ki family ko…….”
to parents bolenge…”Beti chinta na karo, abhi Renuka aur girija Autny kuchh na kuchh karengi…..”
So Wives …………hope for Girija and Renuka to do something…….
A sigh of relief………..I am also a victim,my so called wife & her dirty, cheap & greedy parents threatened me.
Thanks to this organization.
Too good,
I was so worried, a false 498A was filed against me and my family just a month ago. Good for our society and families to save from greedy wives and her parents. This CrPC Amendment is great revolution but from which date is it applicable?
Its an important step taken in the right direction. I am also a sufferer of a false 498(a)case but by gods grace none of us have been arrested and we are out on bail. My wife has realised her mistake and we are leading our conjugal life but the case is still there in the lower court. She knows she has done a wrong thing under forced influence of her parents but now when she knows that she has done a mistake, she has no plans to set the case settled at the earliest. So it remains the same as before. When will the wife lodging a false 498(a) case be arrested. There has to be a detterent for the women folks too. they are no longer sati savitri and they are as humans as men.
Hi…
Im very happy to know that now onwards atleast the graph of illegal arrest will actually reduce in our free INDIA…
LONG LIVE DEMOCRACY !!!!!!
This was the most inexplicable law in India, what the f%^ is renuka and all these scumbag feminists going to protest about? that the law is majority misused by convent educated and greedy women to vandalize other’s lives? if somebdy harasses or abuses his wife, or bahu then he or she must be punished, but without any evidence or case how can they blindly arrest people? these ugly feminists never get married anyway, so they dont really care, they say oh.. it will prevent divorce and harrasment, if there is no love among a couple it is better to separate, than stay and fight.
For a poor society like india, when framing laws like these, they need to see who is going to misuse it, i doubt any really abused family got any help because of this law. all the middle class greedy women who have no morals about extorting money misused it; see they want to play both ways, on one side they want to claim they are very modern, they take their morals from maryline munroe; on the other side they play victim, oh.. the indian men are exploiting wives etc etc..shit like that…these greedy scoundrels who learn to speak some broken english, start thinking they are from another world, like those immoral greedy business people, how to extort maximum profit and plunder others…
i am eager to see this enforced….! why they are taking so much time in publishing in gazette notification.
this is major step towards democracy from demo-crazy after RTI act
when this law will come into effect? Bl**d* lawyers are opposing this..Will they make it happen???????
When this law will come into effect? so much time in publishing in gazette notification.
This is the good decision of the indian democrcy not arresting. Since Many F**KING Women used this against the innocent families and their old, helpless, uncapable parents. There should be some transparency so that innocent people will not suffer.
I would say this is a great decision in great country.
Jai Hind……
when this law will come into affect?
The text of the amendment says it is applicable for non cognizable offence. 498a is cognizable. Please say I am wrong?
I was still arrested on 30 Jan 2009, after one day, I got bail on 31 Jan 2009.
498a complaint (FIR) registered on 29 Jan 2009.
How????
FIR was registered against me on 1.12 2008 under ICrPC 4098A and 406. My bail Application was rejected on 9.1.2009 by the lower court. On 27th January, my application for bail was heard by Punjab and Haryana High Court and granted interim bail with direction to join the investigation on 30th january. The bail petion is posted now for 4th March. As per legal position, I should have been granted bail straightaway. this was not done. Does the honerable Court not aware of the new law passed. who is responsible for this lapse of lack of knowledge of the new law.
Cr.p.c amendments is notified till today. due to pressure of the bar associations. please raised the voice for notification.until notify the cr p c amendments will not be applicable.
Kindly inform me from when and how exactly this amendmend will help, I am also a 498A victim..
Kindly inform me from when and how exactly this amendmend will help me as I am also a victim of 498A
I have a few questions?
Has this been notified in the Indian Gazette?I know that it has already received the Presidential nod,but until and unless it comes out in the Gazette,it won’t be a law.
Secondly,what is its implications regarding Domestic Violence cases?
Thirdly,
If the women concerned deserts her husband on her own free will,and then keep on pestering about money and other goodies,and if husband in that case stops paying her finally,in that case can she file for a Restitution of Conjugal life and reclaim all benefits inspite of terrorizing and traumatizing both husband and his family members?
I am an unfortunate soul who is enduring this since last year and would be glad to have quick and correct clarifications.
I m waiting 4 ur reply.
The Cr.P.C. amendments strikes at illegal bargainings in Civil disputes settled for the fear of Criminal cases.Thus it deprives police and their Advocate friends of major source of income. That is why the Advocates are oppoising it. In fact the proposed amendments seek create semblance between public order and personal liberty by creating judicial permission over exercise of power to prejudice personal liberty of the Citizenry. Regarding cognisable and non-congisable question. In most non cognizable cases it the amendements are insignificant(except Dowry harrassment and SC ST Atrocities Act). The relevant quesion in Cognizagle offence is whether the accused apparently could be booked under bailable sections have been booked under non-bailable section wherein the court can intervene and refuse permission to arrest
Thank God for this !! I am a girl but I am absolutely appalled by such reverse discrimination. But I am sad to read see comments above saying that the law isn’t effective? What does that mean? If its a law already, why aren’t people aware of it
it is a good amendment to british made law cr p c after getting independence to india by this all indians get a complete freedom from local police in fake cases
Hi All,
I can understand the situation of the families who have suffered or are suffering under 498A.Though I am a girl but still I am happy about the amendments made in the law regarding 498A.The girls who file these cases in my opinion might have got big degrees in academics but are the most illiterate.THESE ARE THE WOMEN WHO JUST THINK ABOUT THEMSELVES.They think that marriage is the bed of roses but as soon as they realize what are the responsibilities attached to it they start playing games and troubling everyone in the families and ask the husband to get separated from his family and starts blackmailing the husband family.The main reason is that the girl’s parents support her in this and I dont understand what sort of parents are they who dont have any sanskars and have not given sanskars to their daughter as well and what sort of moral duties have they made her learnt.I think we all should get together and raise voice against this.I want to tell such women that they have made the things which were in their favour against them.If anyone can help me and tell me how can I contact some organisation who fight against 498A.
Please push for the enactment of this law in Government Gazette. I heard from a legal expert that till then will not be effective as a Law.
If some one knows about this please clarify and push for publishing it in official gazette.
It is a vary good approach for the welfare of indian families. I am also suffring from 498a from last 31 July 2008. Now i am fealing that it should be vary usefull for innocent boys.
from which date it will applicable in U.P.
v dirty greedy s p gupta my father in law.lived in sri ram nagar budaun. wants money from me. why should i pay him.
I m really trapped buy my wife and his parents has they r greedy, one time my wife have stolen Rs.35000/- which was given too me by my customer and when in mid night when i was sleeping round about 2am. now they had putten false case on me of 498 and demanding money to settle this and in fact i don’t have money to pay my advocate to fight this case, really i m compilled to do sucied can anyn one help in this case
when this will be enforced? Has it been published in gazette? Any update on this?
No , It has not been notified . This all was was only drama of the most corrupted congress government .This will never be notified as
long as the ruling government is from congress party .
I am going to be a new victim of this blind law 498A. I am a delhi based govt. servant. I was married on 26.03.2008 with a girl belongs to Allahabad and her paternal uncle is an advocate of allahabad high court. In last november she left my home and staying in her maternal home (allahabad)she also gave birth to a female baby last month. since 26th november 2008 we nevern seen each other but talked on mobile phone which I have given her before living Delhi. Now she is demanding 5 lak rupees or threaten me to frame me and my family in 498A. her father and uncle also abusing me and my family for dare consequences. She wants divorce but her own terms (i.e. 5 lakh Rupees). No FIR is lodged till today but I am in aprehension that she will soon lodged a fordged FIR against me and my family. when she was leaving Delhi, I have taken her to the Govt. hospital for routien checkup and obtain a medical report (which was perfectly OK). Still I am unable to find out the way to defend my self from 489A. Please Help me ! Is there any one who can help me out.
Ali ,
Try to collect as many proof as possible of her tact with you to extract money . Also inform in the local police station of her disappearing from your house from the date when she left your hour house . This will keep you in a safe mode as she is not staying with you any more .
Thanks,
Mike .
Is Constitution trying really to stop atrocities on woman? If Constitution has really to stop this, then make equal rights for equal sex.IPC498a shows clearly the discrimination of man and woman rights.Have Constitution made any provision …… if a woman files a fake dowry case and harass the relatives of husband and him for the monetry benefits. There are only money extorters in these things …..like police,lawyers etc. This section makes clearly states that “Man is faulty” and Woman is Innocent.Why a person should suffer police arrest, without being proved guilty. CONSTITUTION IS MAKING A SIN ON INNOCENT FAMILIES by IPC 498a upto 90%
Fantastic judgement.
There is always light after darkness.
498A will perish one day, since too much pain does not last long, and such pervert and sinner women will pay the price. Not only make their lives pitiable but put lives of other good women and their innocent families in danger as well. I request the educated and talented class to stop this perfidy of the malicious souls.
hi everybody,
a 498a and some allied cases(406,34 ipc) was thrown upon my family by my bhabi (my elder brother’wife) in the month of April 2009in baranagar ps, barrackpore sub div, wb. fir no 119/09). a roudy phone call from that ps just took our sleep and peace of mind away.we have to shell out a good 35000.00 to stop arrest of my family member(my father aged 69, mother aged 64, me a govt servant , my elder and younger brother and my wife), getting a do not arrest order, anticipatory bails etc. this site has iven us hope to fight back. we now decided not to negotiate, but to contest against the women and her family. today i got another good news about the amendment. thanks for the good job.u can contact me on 9477033197.
amaresh ghosh
b-2/130, kalyani ps
dist nadia, west bengal
pin 741235
Govt should issue the gazette notification regarding implementation of CrPC ammendments as soon as possible so that the legal terrorism & extrotion business by police and some greedy anti-social lawyers should come to an end. Ther are endless no. of people suffering from the pain of this disgusting, inhuman section 498a.
My advice to the lawyers opposing these ammendments is that have some moral values because ONE DAY YOUR CHILDREN CAN ALSO SUFFER BECAUSE OF THESE LAWS.
supose sec. 498-A is arbitrary for men and in favour of women but it’s good for who knows the her rights on the other hand 70% of women of India who belong to village and rural area are indulge in cruelty from her husand and in-laws, these women did not know her right and sefty according to law.
sec.41 of Cr.P.C. When police may arrest without warrant-(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person.
(a) who has been concerned in any cognizable offince, or against whom a reasonable complaint has been made, or credible information has been received, or a resonable suspicion exists, of his having been so concerned; or
(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking; of
(c) who has been proclaimeed as an offender either under this code or by order of the State Governmen; or
(d) in whose possession anything is found which may reasonably by suspected to be stolen property and who may reasonabley be suspected of having committed an offence with reference to such thing; or
(e) who obstructs a police officer while in the execution of his duty, or who has esxaped, or attempts to escape, from lawful custody; or
(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or
(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the srequisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it apppears therefrom that the person might lawfully be arrested without a warrant be the officer who issued the requisition.
(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of person specified in section 109 of section 110.
When Dr Monmohan Singh’s second term Govt wants to clean up oue system of governence it is a must that our criminal justice system should lag behind. Mr P chidambaram is an upright person and he could trac the right thing thst there was huge missuse of the aec 498A and the ultimate benificiaries are the police and the lawers. But why does he not show enough courage to make gazette notification immediately evenafter one year’s of ammendment by parliament and getting assent from the President of India. Why shoul he be affraid of a sec of lawyers wh constitute a very insignificant P.C of population
Thank god finally govt. has opened its eyes, but still there is lot to due.
My 70 yr old mother and younger sister prayed to god and said like us lot many mothers and sister can be saved.
Deepak
My wife filed a false applcn against me & my parents for so-called dowry demand & beating. In the meantime, before her aplcn & after her leaving me, I applied (under apprehension & out of fear of 498a)to PHRC & SSP of my distt for my Harrasment by wife & her parents.
Now it has been 5 months & 13 hearings in CAW cell & they are forcing me with 3 optins.
One – Threatening me for FIR & arrest.
Two – do a bargain in which I must pay 5 lakhs to the wife & carry my 1.5 yrs baby girl with me & leave my wife.
Three – To carry wife with me, who is not ready to live with me.
Is there any law which can punish such wife who has first played with sentiments of innocent family with many sleepless nights. (Now she also confesses that allegation is false before the SI investigating).
So, if I go for these optins one by one:
1) I dont want to pay my hard earned money to Lawyers for Bail, rather would prefer to go to jail !! Can they arrest us?
2) If I separate, then where is my fault to pay such huge amount. And moreover, what will be future of my child without mother. (Although my parents are erady to take the baby). And
3) if I take my wife back, How one can rely/ have faith or trust in such wife for future & lead a happy life ??
Pls guide me.
Can i have any legal benefit of my applcn first (If there exists any law in this country)
So, what should I do,