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
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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To reduce the number of emails you get from the group, you can change over to digest mode of email delivery(Which compiles 25 emails into one email, there by reducing the emails per day from this group),or Special notice to do this follow these instructions:
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