Thursday, 30 July 2015

RE: [SaveIndianFamily] Re: Fwd: Section 498A, 406, 323, 420, 315 &317 -Indian Penal code

 

IPC498a is draconian. True
IPC498a is widely misused - Also true
IPC498a has broken more families than any other law- possibly true

But saying that accused is presumed guilty unless proven innocent is wrong interpretation by above people. Reason could be vested interest like spreading fear or simple ignorance of law. Most of these articles are written by novices, who themselves never read any law and comes to conclusion by common perception.
So called journalist write all kind of rubbish now a days.
Akash

From: Suresh AV
Sent: ‎31/‎07/‎2015 01:04
To: missionvictory999; saveindianfamily@yahoogroups.com; akaash.mra@gmail.com; gkmja
Cc: sandeep.agarwal1981@gmail.com
Subject: Re: [SaveIndianFamily] Re: Fwd: Section 498A, 406, 323, 420, 315 &317 -Indian Penal code

Aaksh

I asked many lawyers, LCI and other such useful  sites are flooded with 

check out this

http://viragdhulia.com/ipc-498a-the-most-draconian-law/




All says the same " Accused is presumed guilty until proven innocent. 

This is why SC says 498A is legal terrorism !

Do you need more proof?

Suresh




On Wednesday, July 29, 2015 9:58 PM, missionvictory999 <missionvictory999@yahoo.com> wrote:


Agree with Akash. No matrer how much biased the system is, the prosecution still has to prove the case beyond reasonable doubt...

It applies to all offences except for IPC 304B aka dowry death, where burden of proof is on the accused.

AK



Sent from Samsung Mobile


-------- Original message --------
From: "akaash.mra@gmail.com [saveindianfamily]"
Date:29/07/2015 20:58 (GMT+05:30)
To: gkmja ,saveindianfamily@yahoogroups.com
Cc: sandeep.agarwal1981@gmail.com,sureshav13@yahoo.com
Subject: [SaveIndianFamily] Re: Fwd: Section 498A, 406, 323, 420, 315 & 317 -Indian Penal code

 
"498A works on principle - Guilty till proven Innocent as against criminal cases like Rape, Murder where accused is innocent till proven Guilty - Well like it or hate it - that's the pathetic indian law"
The above is not true. Even here accused is innocent unless proven guilty. Also the burden of proof os on prosecution. Initial custody (JC or PC) happens due to its being non-bailable and apathy of system towards fundamental rights of common citizen. That's true even for other non-bailable offences.
Key is to put up a spirited fight. Acquittal rate of above 98% is the proof of it. If accused were asked to prove innocence the rate would be much lower.

Akash

Sent from Windows Mail


Posted by: <akaash.mra@gmail.com>

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Posted by: Akash K <akaash.mra@gmail.com>
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