CrPC Sec 41 Amendment Maybe The Law Someday

====================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

=====================E=N=D=======================

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:

“Referring to Section 41 of the Act, Chidambaram said in his letter, “This provision was severely criticised as capable of being misused and, in fact, was being misused.” To substantiate his point, he advised CMs to refer to reports of the Law Commission and the Malimath Committee and also the judgment of the Supreme Court in D K Basu case which laid down guidelines for effecting arrest. “

It is not just DK Basu Vs State Of WB, Joginder Kumar Vs State of UP has what has been codified into the CrPC amendment. This is an action that has been long overdue.

Bar associations across the country have been protesting under the pretext that these CrPC amendment (Section 41, CrPC), doing away with mandatory arrest provisions, would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty.

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 fact is that by law,  it is the seminal  judgment of the Supreme Court, Joginder Kumar Vs State Of UP,  that governs arrests in India.

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!

“Among the grouses of the lawyers is that the law if enacted will eat into their work substantially reducing their income. A sizeable income of the lawyers is generated by Bail related works.”

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.

To see what I mean, take a look at the NCRB stats about the women arrested under 498A. If the SC guidelines had been judiciously followed, do you think so many men, women or children would have been arrested? Click here to look at the stats.

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 !

________________________________________

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57 Responses to “CrPC Sec 41 Amendment Maybe The Law Someday”


  1. 1 B K Mishra January 19, 2009 at 6:28 am

    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.

  2. 2 Aniruddha January 19, 2009 at 10:51 am

    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

  3. 3 HARSIM January 19, 2009 at 6:50 pm

    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.

  4. 4 rudrabhaumik January 20, 2009 at 5:37 am

    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….

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  5. 6 Avinash January 21, 2009 at 12:07 pm

    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…….

  6. 7 Sanjay January 22, 2009 at 3:35 pm

    A sigh of relief………..I am also a victim,my so called wife & her dirty, cheap & greedy parents threatened me.

    Thanks to this organization.

  7. 8 Rahul January 23, 2009 at 5:12 am

    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?

  8. 9 Bivash January 23, 2009 at 10:36 am

    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.

  9. 10 Chirag Pipalia. January 24, 2009 at 8:37 am

    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 !!!!!!

  10. 11 Jai Hind January 24, 2009 at 10:30 pm

    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…

  11. 12 amit kumar January 25, 2009 at 11:40 pm

    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

  12. 13 Vicky January 28, 2009 at 7:29 am

    when this law will come into effect? Bl**d* lawyers are opposing this..Will they make it happen???????

  13. 14 Rahul January 28, 2009 at 9:24 am

    When this law will come into effect? so much time in publishing in gazette notification.

  14. 15 AMIT January 28, 2009 at 5:13 pm

    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……

  15. 16 Ram_SUF_498 January 28, 2009 at 10:39 pm

    when this law will come into affect?

  16. 17 akil January 29, 2009 at 5:44 am

    The text of the amendment says it is applicable for non cognizable offence. 498a is cognizable. Please say I am wrong?

  17. 18 Rahul February 2, 2009 at 3:20 am

    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????

  18. 19 jaswant singh February 6, 2009 at 3:12 pm

    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.

  19. 20 mahi pal singh verma February 6, 2009 at 11:37 pm

    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.

  20. 21 parivesh February 8, 2009 at 3:04 pm

    Kindly inform me from when and how exactly this amendmend will help, I am also a 498A victim..

  21. 22 parivesh February 8, 2009 at 3:08 pm

    Kindly inform me from when and how exactly this amendmend will help me as I am also a victim of 498A

  22. 23 Shakensoul February 9, 2009 at 11:49 am

    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.

  23. 24 parivesh February 10, 2009 at 10:03 am

    I m waiting 4 ur reply.

  24. 25 jayaveladvocate February 10, 2009 at 10:40 am

    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

  25. 26 ThankGod February 13, 2009 at 8:07 pm

    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

  26. 27 b.narsi reddy February 18, 2009 at 5:44 pm

    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

  27. 28 P.Sharma February 25, 2009 at 5:14 pm

    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.

  28. 29 effectedPerson March 2, 2009 at 10:45 am

    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.

  29. 30 Nitin Garg March 2, 2009 at 11:22 am

    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.

  30. 31 Nitin Garg March 2, 2009 at 11:23 am

    from which date it will applicable in U.P.

  31. 32 Nitin Garg March 12, 2009 at 11:44 am

    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.

  32. 33 abdul salam tali April 22, 2009 at 9:37 am

    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

  33. 34 anjan June 5, 2009 at 4:44 pm

    when this will be enforced? Has it been published in gazette? Any update on this?

  34. 35 Mike June 8, 2009 at 6:15 pm

    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 .

  35. 36 Ali June 9, 2009 at 7:25 am

    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.

  36. 37 Mike June 13, 2009 at 7:19 pm

    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 .

  37. 38 Amarinder Singh August 5, 2009 at 4:38 pm

    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%

  38. 39 Nishant August 5, 2009 at 5:18 pm

    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.

  39. 40 amaresh ghosh August 5, 2009 at 7:58 pm

    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

  40. 41 SP August 19, 2009 at 6:21 pm

    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.

  41. 42 Raj Kohli-Maldhan-Ntl September 13, 2009 at 6:06 am

    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.

  42. 43 Raj Kohli-Maldhan-Ntl September 13, 2009 at 6:31 am

    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.

  43. 44 Sukha Ranjan Masid September 21, 2009 at 5:13 am

    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

  44. 45 Deepak November 15, 2009 at 3:05 pm

    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

  45. 46 Harsimrat Singh Cheema November 19, 2009 at 8:20 am

    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,

  46. 49 Dipak Kumar Adhikari December 1, 2009 at 10:46 am

    Dear Sir/Madam,
    We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, it’s not true case, believe me. My wife are engaged/Affair with a boy his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. Next court date is 04/01/2010 at Barashat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Mail Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. Now I decided that I’m not taken back my wife. I take a lawyer his ph. No is: 033 30127001. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family.
    Thanks
    With kindest regards,
    Dipak Kumar Adhikari
    Tegharia(Dhali Para),NandanKanan.
    P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
    W.B. India.

  47. 50 Harsimrat Singh Cheema December 16, 2009 at 1:18 pm

    Dear Sir, Ma’m Dated: 15-Dec-2009

    I have family relationship problem. I have a BIG confusion in decision making now. I married 3 yrs ago. I also have a little baby girl 1.5 yrs old. My parents, brother, sister gave a lot of love to my wife & all the regard. I tried my best to give my wife all material as well as physical comforts. Also all emotional support & time spared for my wife. But still, my wife does not respect my parents & neither wish me do so if I spare some time for them occasionally, though we lived separately away from parents in other city where I do job as Mech. Engineer in pvt co. But still she has given application in police against me & my family for false dowry case & beating. We suffered mentally physically a lot due to this. I love her but perhaps she loves only my money & her freedom or her parents much more. Her parents (mother) want me threatened & try their best that i leave my parents without caring for them. MY FAULT: on one occasion when she was using the most vulgar language for my mother & sister, I slapped in her face.

    Wife wants my love but thru GUNDAGARDI & police threats. She, when goes to her parents; takes their side & stands against me. But when in lonely company with me favours me. But don’t boldly say to her parents that she want to live with her husband. To me she says, “I value you & love you”. But to her parents she says,”My husband beats me, does not give money or food etc.” And abuses my parents in public gatherings or in streets & gets favors from people. Even does not call me for months – she is so stubborn & short-tempered.

    Now for last 6 months she is with her parents with my baby & throws the baby to me also. And police is calling us to women cell. We have attended the police callings for about 14 times after every one or two weeks gap for about last 5 & half months by visiting about 300 km to & fro) daily from home by getting leaves from job – me & my 60 yrs old father. My parents say enough is enough – this lady can NEVER become YOURS in whole life – Leave her, get the baby back & re-marry. But i dont wish so.

    Also, I have one younger sister 25 yrs still to be married & responsibility lies on me. Alongside, I have already taken huge loans for payment against the divorce case of my younger brother & all jewellery (that belonged to us not my wife) at home has been sold. My wife also joined hands with the ill-deeds of brother’s wife against us. We have already paid to the tune of about 5 lakhs . And now the wife is also demanding about same amount from me for separation. But I don’t have even small money to fight my case in Indian courts or get my family anticipatory bail. I have already gone through such trauma & pain in my brother’s case.

    If I bow down today, my in-laws & the wife will become more demanding upon me in coming future

    If I call my wife back she will spoil my parents rest of life’s peace & never allow me to attend them. They are already lonely & depend on me totally with old age. Moreover, they never did any thing wrong in life with any body. But why they suffer so.

    On the other hand, if I divorce her, my child will never get her mom, or dad (both at a time). Further, I think wife will never get as loving husband again. I also don’t wish that my sister or daughter may suffer [any body (their husband) leave them in future] due to my today’s bad actions.

    So, what should I do. Pls guide me, I am very much helpless right now.

    Harsimrat Singh – (Punjab)

  48. 52 Debarshi Masid December 20, 2009 at 11:12 am

    Ours is a democracy. There should be equality before law.
    The sec 498A of IPC does not mean that we are living in a democracy. Women are more equal than men which reminds us o George Oewell’s famous saying that all are equal but some are more equal than others.Legal terrorism has come in the hands of women. Government realised the mistake and ammended the the sec 41 of crpc. But bowing down by the pressure of vested interest group of Lawyers and tacitly the police who are the monitery beneficiaries of the sec, arresting notification ,govt seems to be helpless and has not notified the ammendment. It leads us to doubt whethere we are advancing or going backward, whethere we are progressive or , whethere rule of law has surrendered to the tyrany of law. It is a shame on the part of the 2nd term of the UPA Government

  49. 53 KASUHIK BHATNAGAR December 25, 2009 at 11:05 am

    Hi

    I was also a victimn of 498A. The best suggestion is “””GIVE THE DEVIL HER SHARE”””. What they want is money pay them and BUY PEACE. Normally it takes 3-5years to come to a so called colnclussion. Before that make reasonmable price for her to get rid of it.SORRY TO SAY THIS IS WHAT HEPPENS IN MOST OFTHE CASES. I suggest why not to do it nowinstead of doing later.Money can be earned but lost time is lost.

  50. 54 Arunodaya Kumar Pokala January 29, 2011 at 4:48 am

    the amendment to the section 41 of cr.p.c is on one hand welcomable and on other hand its creating panic sense in the minds of the nobles, by the reason that the criminal may resist his power against the system existed for the prevention of crimes, as well as it is very fearable the power to be in the hands of police, the policing system should change first, the view who are expressing that the income of the counsels will be reduced is a foolish one, because the law and the judiciary means not only the jail and bail there is a lot beyond this sense, this area can be considered as a drop of water out of ocean,in fact the the lower grade police officials unofficially taken the bail and jail power into their hands by delegating it to court related police officials and the lawyers sorted out by the them basing upon the caste and efficiency of bribing.so this new amendment does not make any difference to advocates practising upon the morals and values and upon the strict legal sense. i would like to say firt of all in our country the police system should change and the necessary step should be taken towards the change in police system there should be a seperate department between the police and public to protect the rights of the public and their liberty, infact the indian citizen’s freedom & human rights have been drastically smshed in the hands of the the bad police . it is the right time to introduce the new department who should be a protecting wall between the police and people,the mediatory system who should be in simple and civil dress with out weapon should deal the problem of the common people and to recommend to the judiciary as well as direct to the police purely based upon the legal and humanity sense, the police should be limited to the word”force” that can be used by this department. there is nothing loop in law but the implentation of the law unfortunately trapped by the bad bribary.so let us work and see with hope for the change in society by all menas.

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  53. 57 Dipak Kumar Dasgupta July 4, 2014 at 12:58 pm

    Now-a-days some of the police personnel taking bribe from the complainant of 498A without making any enquiry/investigation submit false report stating the wife was tortured to harass the husband and their family members. Though it is difficult to prove it but it happens. What is the remedy?


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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