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Bengaluru techie’s suicide raises issue of misuse of Section 85 of the BNS, and a need to relook into the BNS laws

December 21, 2024, 4:47 am

Marriages in India are considered a highly revered union, which is believed to unite together not just two individuals, but two families as well. But unfortunately, due to the rise of materialistic mindsets among the people of today, this sacred bond is getting tarnished. Just to fulfil their greed or take revenge or fulfil ulterior motives, some people have fallen to such an extent that they do not hesitate even for a moment to file any frivolous case against someone.
The suicide of a 34-year-old man Atul Subhash in Bengaluru due to alleged harassment by his estranged wife and her family has led to an outrage on social media over the misuse of anti-dowry laws and domestic violence law under Section 85 of the Bharatiya Nyaya Sanhita (BNS), previously Section 498A of the Indian Penal Code.

Shockingly, a significant chunk of this originates from those laws which were made for the protection of the women who have to face unjust treatment or unreasonable demands from their in-laws or even her husband as well. Although there is a pressing need for such laws, but because of the presence of loopholes accompanied by several other external factors, have raised doubts in the minds of general public as to whether we should actually protect that section of society which is filing such false cases. Due to the actions of a few people, many genuine victims still continue to suffer. Therefore, it is crucial to understand and admit that there exists a problem in our country dowry laws and they have to be amended as soon as possible.

Men face significant challenges in our legal system, particularly in cases of false accusations under Sectin of 85 of the BNS or rape laws. In these instances, men often lack protection and face severe societal judgment and legal repercussions. Additionally, under CrPC 125, husbands are compelled to pay maintenance to estranged wives without ensuring that the wives fulfill their responsibilities. This one-sided approach leads to considerable harassment, with men facing societal scorn, lengthy court proceedings, and even imprisonment for crimes they did not commit.
However, in recent years, as there has been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 85 of the BNS as a tool for unleashing personal vendetta against the husband and his family by a wife. Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them.

LOOPHOLES IN THE LAWS
In the year 2005, in a landmark case named Sushil Kumar Sharma vs Union of India and Ors., the Supreme Court of India observed the misuse of Section 498A of the IPC as a ‘legal terrorism’. It was said that “by misuse of the provision (Section 498A), a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not an assassin’s weapon”. In the Rajesh Sharma v. State of UP (2017), Supreme Court acknowledged misuse and issued guidelines to prevent arbitrary arrests.

Specifically considering the laws which were made for the protection of women, for example, rape or dowry, they were and till date, because of their wording, affected the other genders adversely. No doubt Article 15(3) of the Indian Constitution allows the State to make special provisions for women, but making special provisions does not in any way mean that the other genders (men and LGBTQ+) are to be neglected. The laws should be made in such a manner that, on one hand, they provide protection to all their citizens, and on the other hand, they prevent its misuse by and upon any other citizen. The initial step to deal with it can be to replace the words ‘women’ and ‘men’ with “people” and ‘wife’ and ‘husband’ with “spouse”, wherever possible.

The biggest example of no strict implementation can be seen in the violation of anti-dowry laws itself. According to some researches, the cases of dowry demand have increased over the year, where before the year 1940, dowry was given in 35-40% of the marriages; this number grew to nearly 90% by the year 1999. These numbers clearly show that the give and take of dowry is being conducted without any fear of law or by using loopholes, like in the form of “presents” (last proviso of Section 3 of the Dowry Prohibition Act).

In 2003, the state of Andhra Pradesh made Section 498A compoundable, which is a major legal provision to deal with dowry related cases, but whenever the same change is demanded at the central level, the foremost argument which is raised is that this will lessen the fear among the culprits and they might force the victim to take back their complaint. This happens because unfortunately, today, a common man does not feel himself safe in front of the police, and many times it is seen that the victim (usually woman’s and/or their family) bribes the police to insert those legal provisions in their chargesheet, which are not at all true, just to harass the opposite party, and on the other side the accused party (usually husband’s and/or their family) bribes the police to delay the process of law. This can be corrected a bit by having a strict check on the working of the police officials.

ARE THERE ANY LEGAL PROTECTION FOR MEN IN INDIA?
Recently, the Delhi High Court had granted divorce to celebrity chef Kunal Kapur on the grounds of “cruelty” by his wife. Chef Kapur had taken a restraining order against his wife as she entered the ‘Masterchef India’ sets and created a ruckus with his son in 2016. The Delhi HC had said, “It is relevant to mention here that within two years of marriage, the appellant has established himself as a Celebrity Chef, which is a reflection of his hard work and determination which would not have been possible had he been one who was dependent on his spouse or in-laws for his necessities.”Article 14 mandates equality before the law, states “everyone equal before the law”. Article 15 prohibits discrimination based on gender and other forms of bias.

WAY AHEAD
Effective implementation is not just to punish the wrongdoer correctly; it must first be to identify who’s the real wrongdoer. There must be no straight-jacket rule or preconceived notion to consider any specific gender guilty right from the beginning of the trial. The Advocate’s prime duty is to protect the interests of their clients, but this should not be stretched to such an extent that the advocates, just for greed of more money, willingly fight a false case or assist their clients in making their case strong by putting those legal provisions which are in reality not required. Legislative reforms, judicial guidelines, and awareness campaigns are essential to curb misuse while maintaining the law’s efficacy for victims. Greater emphasis on evidence-based investigations, gender-neutral laws, and alternative dispute resolution mechanisms can address the issue holistically. A fair and balanced approach will preserve the sanctity of the law and ensure that it fulfils its intended purpose without being weaponized as we don’t want more men to face this tragic misuse faced by Atul Subhash in the matter of section 498A IPC.

Dr.S.Krishnan is an Associate Professor in Seedling School of Law and Governance, Jaipur National University, Jaipur.
Ms. Archana Shukla is an Advocate in Delhi High Court, Delhi.

Uttar Pradesh: NIA Court Sentences 16 Convicts in High-Profile Illegal Conversion Case

September 11, 2024, 9:45 pm

In a landmark ruling, a special court in Lucknow sentenced 12 individuals to life imprisonment and 4 others to 10 years behind bars in an illegal religious conversion case. The court also imposed hefty fines under the relevant sections of the law.

Key Details of the Case:
Who Was Sentenced? Among those sentenced was Maulana Kalim Siddiqui, who was arrested in 2021 for allegedly running a nationwide religious conversion syndicate. He, along with others including Prakash Rameshwar Kavde, Faraz Babullah Shah, and Mufti Qazi Jahangir Alam Qazmi, was convicted of violating laws under the UP Prohibition of Unlawful Conversion of Religion Act, 2021.

Other Convicts: The court convicted several others, such as Mohd. Salim, Dheeraj Govind Rao Jagtap, and Sarfaraz Ali Jafri, under Section 121(A), Section 123, and Section 153(A) of the Indian Penal Code.

Background:
The case gained nationwide attention when the UP ATS arrested Maulana Kalim Siddiqui from Meerut in September 2021. Siddiqui, an Islamic scholar and head of an Islamic Trust, was accused of running a mass religious conversion racket, allegedly receiving foreign funding to promote religious conversion and stir tensions between communities.

The verdict sends a strong message about the enforcement of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, signalling the state’s commitment to addressing illegal conversion activities.

Kerala HC: Woman Cannot Be Charged With Sexual Harassment Under IPC Section 354A

August 17, 2024, 4:08 pm

In a significant ruling, the Kerala High Court has observed that a woman cannot be charged with sexual harassment under Section 354A of the Indian Penal Code (IPC), even if the harassment is alleged to have been directed at another woman. This observation was made by Justice A. Badharudeen while partially dismissing criminal proceedings initiated by a woman against her in-laws in a case of marital cruelty.

Court’s Interpretation of IPC Section 354A

The case involved serious allegations, including a claim that the complainant was sexually harassed by her sister-in-law. However, the High Court clarified that Section 354A of the IPC, which specifically deals with sexual harassment, is applicable only to men. The Court highlighted that the statute uses the term “a man” deliberately, indicating that the law does not extend to actions by women.

Justice Badharudeen noted, “To attract an offense under Section 354A of IPC, the actions described in subsections (1), (2), and (3) must be committed by ‘a man.’ The legislature’s intentional use of ‘a man’ rather than ‘any person’ indicates a clear intent to exclude women from the purview of this section.”

Background of the Case

The case in question revolved around a complaint of marital cruelty, where the woman alleged mistreatment by her husband, his parents, and his sister. The complainant accused her in-laws of various forms of cruelty, including demands for money and property, being locked in a room without food, and attempts to harm her by tampering with household appliances.

Specifically, the complainant accused her sister-in-law of coercing her into inappropriate sexual activities through threats. Criminal charges were filed against the husband and in-laws under multiple sections of the IPC, including Section 498A (cruelty by a husband or relative), Section 354A (sexual harassment), and Section 34 (acts done by multiple people with a common intention).

High Court’s Decision

Subsequently, the mother-in-law and sister-in-law approached the Kerala High Court to have the charges against them dismissed. The High Court, while addressing the case, ruled that the sexual harassment charges under Section 354A of the IPC could not be applied to women, leading to the partial dismissal of the case.

The ruling is a critical interpretation of the IPC, reaffirming that Section 354A is gender-specific, applying solely to men, and thereby excluding women from being charged under this particular law.

Kerala Organ Trafficking: Cops Arrest Alleged Mastermind

June 2, 2024, 10:30 am

Kerala police revealed a major breakthrough in the crackdown on illegal organ trafficking networks with the arrest of the purported mastermind, 41-year-old Ballamkonda Ram Prasad, alias Pratapan. He was apprehended at a hotel in Hyderabad, marking a significant development in the investigation into the Kerala Organ Trafficking case.

Ernakulam Rural SP Vaibhav Saxena revealed that Pratapan, a native of Vijayawada in Andhra Pradesh, was believed to be the key figure behind the illicit operation. A special investigation team conducted the arrest.

Preliminary investigations suggest that numerous individuals have been involved in kidney transplantation transactions with residents of Andhra Pradesh. Victims, predominantly from rural areas, reportedly had their organs harvested in Iran.

Pratapan, initially intending to donate his kidney, later assumed a leading role within the group. He allegedly coordinated with organ recipients via social media and facilitated the transportation of donors from India to Iran.

Upon donation, the donors were returned to India by a suspect named Sabith Nasar, already in police custody. Additionally, Sajith Shyam, suspected of managing the gang’s finances, was also apprehended.

The arrest follows the detention of Nasar, a resident of Valappadu in Thrissur district, who was intercepted at Cochin International Airport Limited (CIAL) based on intelligence from Central agencies.

All involved parties face charges under relevant sections of the Indian Penal Code (IPC) and the Transplantation of Human Organs Act, 1994. A comprehensive investigation, led by the Ernakulam Rural SP, is underway.

Three People Killed in Mumbai Road Accidents

May 27, 2024, 10:46 am

Three tragic Mumbai road accidents occurred in different areas on Sunday, resulting in the loss of three lives, according to police reports.

In the first incident at Khar, a speeding car fatally struck a 27-year-old youth riding a bike at Neelam Foodland Junction. The victim, identified as Virendra Singh, succumbed to his injuries despite being rushed to the nearest government hospital for treatment. The accused driver, Pramila Khumbachandani, was arrested by Khar police under sections 279 and 304A of the Indian Penal Code (IPC) for rash driving and causing death by negligence.

Meanwhile, in Vikhroli, a mini truck collided with a bike, resulting in the death of a 29-year-old individual. The Vikhroli police registered a case against the truck driver, Baliram Chhotulal Yadav, under relevant sections of the IPC and arrested him.

In a separate incident on the Powai Jogeshwari-Vikhroli Link Road, a collision between a bike and a dumper truck claimed the life of the two-wheeler rider, identified as Atul Kharose. The Powai police arrested the driver of the dumper truck, Ramzan Nadaf, after registering a case against him.

Earlier on Sunday, an elderly woman named Zubaida Sheikh lost her life after being hit by a speeding car driven by a doctor at Sion Hospital in central Mumbai. Zubaida Sheikh, who had been undergoing treatment for diabetes at the hospital, had recently been discharged and was visiting for follow-up.

These tragic Mumbai road accidents highlight the pressing need for road safety measures and responsible driving practices to prevent further loss of lives on Mumbai’s streets.

Bengaluru Youtuber Detained For This Reason

April 18, 2024, 11:28 am

A 23-year-old YouTuber was detained by Bengaluru police on Wednesday after it was claimed that he had spent more than 24 hours filming films in the airport without getting noticed.

To enter the airport, the accused purchased an Air India ticket from Bengaluru to Chennai, but they did not board the flight.

The article claims that Vikas Gowda, a YouTuber, intended to record a 24-hour vlog while staying at an airport. Purchasing a ticket, he arrived at the airport at 12:06 p.m. on April 7 and began filming videos for his vlog, claiming he would not be apprehended.

In the video, Vikas criticized the security setup and claimed that, despite spending a full day there, he was never questioned by any police officers. The Central Industrial Security Force (CISF), in charge of the airport’s security, filed a complaint against him for disseminating false information after the video went viral.

However, according to the authorities, Vikas did not spend a whole day at the airport. “Our investigation revealed that Vikas only spent four to five hours inside the airport and not for 24 hours. He said that he did it for the publicity and views of his channel.”

Vikas has been charged under the Indian Penal Code’s section 448 (house of trespass) and section 505 (statements conducive to public disorder). He was subsequently freed on bond, though, and told to show up later for interrogation.

Key highlights of Landmark Criminal Law Amendment Bill

December 23, 2023, 4:17 am

During the deliberations on the three criminal law amendment bills, which were passed in the Lok Sabha on Wednesday, Union Home Minister Amit Shah delved into various facets of the proposed laws, including the Bharatiya Nyaya (Second) Sanhita Bill, designed to supersede the Indian Penal Code (IPC).
The bill’s salient features encompass prescribed timelines for the police to acknowledge complaints and mercy petitions, mandating forensic investigation.

TIMELINE FOR FIR REGISTRATION AND MERCY PETITIONS
The bill introduces stringent timelines for the police. Upon the filing of a complaint, the police must register an FIR within three days. Regarding mercy petitions, they should be submitted within 30 days of the court’s final verdict.
Similarly, in cases of serious crimes with a punishment range of three to seven years, the initial investigation must conclude within 14 days, culminating in the filing of an FIR.

TIMELINE FOR CHARGESHEET SUBMISSION
Highlighting crucial aspects of the bill, Home Minister Amit Shah informed the Lok Sabha, “Previously, chargesheets were to be filed within 60-90 days, often to reinvestigation. Under the new bill, the police require a court order for further investigation and must submit the chargesheet within the stipulated timeframe.”

TIMELINE FOR COURT HEARINGS
To ensure expeditious hearings, Amit Shah noted that the accused have seven days to plead for acquittal, with the judge conducting the hearing within that timeframe. Within a maximum of 120 days, the case will proceed to trial.
Previously lacking a time limit for plea bargaining, the new provision states that if one acknowledges their crime within 30 days, the ensuing punishment will be less severe.

NEW WITNESS PROTECTION
The bill introduces a novel scheme for witness protection, permitting electronic means for recording statements and gathering evidence.
E-FIR FOR WOMEN
For female complainants opting not to visit the police station, an electronic FIR option is introduced, with a police officer visiting the residence within 24 hours.

MANDATORY FORENSIC INVESTIGATION
Specific provisions mandate forensic investigation for offenses carrying a prison term of seven years or more. The bill also broadens the scope of summary trials, especially for cases with a punishment not exceeding three years.

TRIAL IN ABSENTIA
The new law introduces a provision for trial in absentia or the absence of the accused. Shah remarked, “Due to trial in absentia, absconders evading legal proceedings in India can be pursued even in their absence, expediting justice and the process of bringing them back to the country.”

UNDERTRIAL BAIL PROVISION
Under the new bill, undertrials who have served one-third of their jail term will be eligible for bail.

MARRIAGE UNDER FALSE PRETENSES
Minister Shah highlighted, “A new provision is introduced to address this issue. No one deceiving their identity and engaging in a sexual relationship with someone on false pretences will be exempt from legal consequences.”

POLICE CUSTODY
Under the new laws, police custody is limited to 15 days. Shah added, “This can be invoked at any time. If a person, after being arrested, is hospitalized due to medical complications, custody must be sought again by the court, during which the court can grant bail.”

Lok Sabha Adjourned Sine Die, Passing Key Bills Including CEC Appointment and Press Act Replacement

December 21, 2023, 4:59 pm

Lok Sabha was adjourned sine die a day ahead of the scheduled close of the winter session of Parliament after passing some key bills. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, and the Press and Registration of Periodicals Bill, 2023 were among the bills passed on Thursday.

The winter session, which began on December 4, witnessed a security breach incident on December 13 when two individuals jumped into the Lok Sabha chamber. The session also saw the suspension of 100 opposition MPs, with most of them suspended for the remainder of the winter session due to “misconduct.” The opposition members had demanded a statement from Home Minister Amit Shah over the security breach incident.

In addition to these developments, the Lok Sabha passed three significant bills on Wednesday, aiming to replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC), and the Indian Evidence Act of 1872. Home Minister Amit Shah highlighted that these bills mark the first time changes have been made in the laws governing the nearly 150-year-old criminal justice system.

The winter session of Parliament was originally scheduled to conclude on December 22. The session has been marked by crucial legislative discussions, security concerns, and disciplinary actions against certain members of the opposition.

Gwalior ASP booked in fake caste certificate case

December 13, 2023, 3:49 pm

According to officials on Wednesday, Madhya Pradesh police have filed a case against an additional superintendent of police (ASP) in relation to a case involving a forged caste certificate in the Vidisha district. Police say the complaint was made on December 7 at the district’s Anandpur police station under pertinent sections of the Indian Penal Code (IPC), which includes cheating. The investigation was conducted by a state-level investigative committee. Amritlal Meena, the accused ASP, is presently assigned to the Gwalior district.

“A case has been registered against the concerned ASP under IPC sections 420, 467, 468, and 471 in connection with a fake caste certificate issue. The action has been taken based on a report from the state-level investigation committee. We are further looking into it,” Vidisha ASP Sameer Yadav said.

“The concerned ASP informed that on December 8, the Madhya Pradesh High Court granted a restoration order (about restoring the previous stay order) into the matter. Nonetheless, the case is registered into the matter as of now,” ASP Yadav added.

The FIR copy states that a state-level committee that the Madhya Pradesh government established to examine the dubious caste certificates of Scheduled Tribes issued a decision on February 19, 2016, stating that the dubious certificate of Scheduled Tribe was issued by Amritlal Meena on October 29, 1991, and that the committee canceled it after giving it some thought and directed that legal and procedural action be taken.

Amit Shah Proposes Amended Bills in Lok Sabha to Replace IPC, CrPC, and Evidence Act

December 12, 2023, 5:29 pm

On Tuesday, Home Minister Amit Shah presented three revised criminal law bills in Lok Sabha that aim to replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872. These amended bills, namely ‘The Bharatiya Nyaya (Second) Sanhita, 2023,’ ‘The Bharatiya Sakshya (Second) Bill, 2023,’ and ‘Bharatiya Nagarik Suraksha (Second) Sanhita, 2023,’ were introduced to replace the previously passed bills from the monsoon session.

Shah informed the House about the withdrawal of the previous bills, which had already been approved by Lok Sabha earlier. He indicated that some alterations were necessary, leading to the introduction of these updated versions. The revised bills underwent scrutiny by the Standing Committee, leading to their re-presentation rather than proposing official amendments.

Congress leader Adhir Ranjan Chowdhury suggested a more thorough scrutiny of the bills before their approval. Responding to this, Shah reiterated that the Standing Committee had examined the bills, allowing members ample time to review them. He also announced plans for a debate on Thursday, followed by his response to the bills on Friday.

The introduction of these bills marks an attempt to modernize and update India’s criminal law framework, aligning it with contemporary needs and challenges. The revised legislation aims to bring essential changes to the existing laws governing crime, procedure, and evidence in the country.

The bills were initially tabled in the lower House on August 11 and had been referred to the Standing Committee for further examination and review. Their reintroduction signifies a meticulous reconsideration of legal provisions to ensure a more comprehensive and effective criminal justice system for India.

Delhi government official booked for raping minor

August 21, 2023, 10:27 am

According to police, a Delhi government official has been arrested for allegedly raping his deceased friend’s young daughter over a period of months. According to reports, the assault happened between 2020 and 2021. On August 13, the Burari Police station filed a First Information Report (FIR) against the official under the strict Protection of Children from Sexual Offenses (POCSO) Act and several sections of the Indian Penal Code (IPC).

According to police following the death of her father, who was also a government employee, the minor girl started living with the accused in Burari from October 2020 to February 2021.
As per the complainant, the accused sexually harassed, physically molested and repeatedly raped her for several months between 2020 and 2021.

“The girl started having anxiety bouts and was admitted to a hospital a week back. After extensive psychological counselling, she opened up to the doctors, counsellors and police officers and revealed that she was sexually harassed by the accused,” police said.
The minor disclosed that she got pregnant and she was forced to abort her pregnancy by the wife of the accused Delhi Police said.

The minor has undergone a medical-legal examination, and an investigation is currently ongoing. More information is awaited.

Amit Shah introduced bills for major changes to British-era criminal justice system

August 11, 2023, 8:20 pm

Union Home Minister Amit Shah introduced bills on Friday to replace the British-era laws including Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA), as well as to provide for capital punishment for mob lynching, sexual assaults on minors, and gang rape, as well as the repeal of the sedition offence.

Shah stated that the Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita Bill, and Bharatiya Sakshya Bill will be referred to a parliamentary committee for review.

Section 150 of the Bharatiya Sanhita Suraksha Bill appears to take into account the Law Commission of India’s June recommendation to increase the alternative sentence for sedition from three to seven years.

The group suggested keeping the 153-year-old colonial legislation against sedition. It emphasized that “repealing the legal provision can have serious negative ramifications for the country’s security and integrity.”

The commission advocated modifying IPC Section 124A (sedition law) “to achieve greater clarity in the interpretation, understanding, and application of the provision.”

According to the commission, the sedition statute, which has a maximum penalty of life imprisonment or three years in jail, should be changed to increase the alternative sentence to seven years. It advocated for providing courts more leeway in determining penalty for sedition based on the scale and intensity of the act.

In an interim ruling issued in May 2022, the Supreme Court halted the implementation of Section 124A, a non-bailable offense, citing its colonial origins as out of step with the contemporary context. Activists and judges have claimed that it is frequently used to silence dissent.

Bharatiya Nyaya Sanhita (Bharat Nyaya Sanhita) Section 44 of the Bill grants the right to private defense against lethal assault, such as in the case of a mob attack. According to Section 31 of the law, it is not an offense if a communication made in good faith causes any injury to the individual.

Delhi: Man arrested for stabbing teen

January 24, 2023, 12:37 pm

A man was arrested for allegedly stabbing a 17-year-old student outside a coaching Centre in South Delhi’s Sangam Vihar area. The injured student, Abhishek sustained head injuries in the alleged knife attack and is undergoing treatment at AIIMS Trauma Centre. A case has been registered under sections 307, 506 and 34 of the Indian Penal Code. Further investigation is underway.