Friday 31 July 2015

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

 

I find the entire Act wrong. I was just correcting you on what that particular subsection says.

On Fri, Jul 31, 2015 at 11:59 AM, Suresh AV <sureshav13@yahoo.com> wrote:
Isn't it wrong too ?

Sole testimony is enough in case of violation of protection order(interim or final),

suresh


On Friday, July 31, 2015 10:49 PM, "Nihar Panda npanda@gmail.com [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:


 
What you have written about Section 32(2) is not true. Read the section here http://www.pwdvact.in/images/download/The-PWDV-Act.pdf at page 13.

Sole testimony is enough in case of violation of protection order(interim or final), not enough for the magistrate to conclude that DV has occured.


On Fri, Jul 31, 2015 at 11:37 AM, Suresh AV sureshav13@yahoo.com [saveindianfamily] <saveindianfamily@yahoogroups.com> wrote:
 
Akaash

Well, We are all victim of pathetic indian laws or draconian women centric law. I agree. In fact we would love to see SC / HC judgement which mentions that for 498A  / DV - family members can't be assumed guilty till proven innocent. 

The internet is flooded with reverse principle "Guilty till proven innocent" where most of the people are victim - I am sure they must have learnt, faced & gone through such horrible experience.

Hope following will shed more lights to you and other SIF Members


sometime back ; I asked private and paid question in pathlegal. many lawyers / advocate confirmed the same. 

Observation: Why would people file PIL and write the same term "this law works on principle - guilty till proven innocent"

whereas If we look at DV cases - then even SC judgement - interpretation by members at LCI ; states that Blamers gets benefit of doubt than accused


And Lastly - for DV Act; Read Section 32 (2) which states clearly "The clause says that upon the sole testimony of the woman, the court can conclude that domestic violence was committed by the accused. That means the accused is guilty until proven innocent, and the woman need not prove her allegations.

PFA attached DV Gazetted - ACT pdf file for members reference 

Regards
Suresh








On Friday, July 31, 2015 12:59 PM, "The Saint dboondocksaint@yahoo.com [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:


 

IPC 498a has joined more families than broken.

Yes..you read it correct.
The fear induced by legal terrorism has made more men to succumb to atrocities of their wife and in laws.

Handful exceptions like us only fight back.

Every day i visit court, i see more and more compromises and wife taken back.

The Saint

"Akash K akaash.mra@gmail.com [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:

 
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







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Posted by: Nihar Panda <npanda@gmail.com>
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