IPC 184: Section 184 of the Indian Penal Code
Obstructing sale of property offered for sale by authority of public servant
IPC 3: Section 3 of the Indian Penal Code
Punishment of offences committed beyond, but which by law may be tried within, India
Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.
IPC 183: Section 183 of the Indian Penal Code
Resistance to the taking of property by the lawful authority of a public servant
Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
IPC 2: Section 2 of the Indian Penal Code
Punishment of offences committed within India
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.
IPC 182: Section 182 of the Indian Penal Code
False information, with intent to cause public servant to use his lawful power to the injury of another person
Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant -
- to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
- to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
- A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.
- A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’ premises, attended with annoyance to Z. A has committed the offence defined in this section.
- A falsely informs a policeman that he has been assaulted and robbed in the neighborhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.
IPC 1: Section 1 of the Indian Penal Code
Title and extent of operation of the Code
This Act shall be called the Indian Penal Code, and shall extend to the whole of India except the State of Jammu and Kashmir.
IPC 181: Section 181 of the Indian Penal Code
False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation
Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
IPC 180: Section 180 of the Indian Penal Code
Refusing to sign statement
Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
False case against husband – Misuse of Section 498A?
“Woman lodges a complaint under section 498A, husband and in-laws arrested.”
A newspaper headline such as above is sure to garner sympathy for the victim from the public and the media. But rarely do we ponder over who might be the actual victim here – the wife or the husband? Recently, several cases, where the husband and his family were wrongly accused and trapped under the section 498A of Indian Penal Code, have come into the public eye. Does this mean that section 498A is being misused? Perhaps yes, because there have been horror stories of legal extortions, baseless claims and blackmail by women under this section.
One of these stories is of a Pune based couple, Romesh Marathe and his wife Supriya (names changed), who had married in March 2001. Due to marital disputes with the wife wanting to stay separately, Romesh filed for a divorce in June 2003. But a month later, Romesh along with his mother and three other relatives, were arrested and sent to the custody in a dowry harassment case filed by Supriya. Due to lack of any evidence, Romesh and his near relations were proven innocent by a magistrate’s court. Later, Romesh again made a divorce plea on the grounds of cruelty by the wife. The family court did not grant the divorce, stating that one singular complaint by wife can not be cited as cruelty. Romesh moved to the Bombay High Court, which accepted Romesh’s contention that the false allegations by wife had caused him mental cruelty and entitled him to a divorce.
Like Romesh, there are several other innocent married men who are facing the brunt of abuse of the powers under the section 498A. Primarily, an anti-dowry law formed to protect women, section 498A is now considered a deleterious legal weapon in a woman’s armour. In fact, according to “Crime in India 2012 Statistics” published by the National Crime Records Bureau, section 498A itself accounted for 6% of all arrests, though the conviction rate was merely 15%!
In order to prevent illegal arrests or similar threats of the section 498A accused, the Supreme Court in its latest judgement (2nd July, 2014), has enforced a 9 point checklist for police under section 41 of the Criminal Procedure Code. The checklist prescribes Do’s and Don’t’s, to be referred to by the police before arresting the accused. Further, in case the arrest is made, then the magistrate should allow the detention only if the checklist validates so, or else he can authorize the release of the accused.
This new development in the context of section 498A was long overdue and is a welcome news of relief. We can only hope that there are no further legal loopholes or new judgements to bypass the section 41 and give undue advantage to the section 498A.
5 reasons why Indian divorce rates are skyrocketing
Did you know that Indian divorce rate has doubled in the last 7 years? Phew, seems like the bubble of ‘happily ever after Indian marriage’ may burst soon! Marriages in our country are sacred, so much that the society considers it as a once in a lifetime event in a person’s life. But if statistics are to be believed, then the ‘D’ word is no longer a taboo in public these days.
Whether you blame it on westernization of our culture or the liberal attitudes of people, call it good news or bad news, the new-age Indian couples do not mind acknowledging divorce as a key to step out of their unhappy marriage.
What are the reasons why more couples are filing for divorce? Below are five reasons we can think of:
1. A social stigma? Not anymore.
There is a paradigm shift in the mindset of the people. The social stigma tag is fading away and society has realized that it is better to end a marriage, in which either of the partners is suffering. Nowadays, a divorcee can easily move in the social circle or consider the possibility of remarriage without being looked down upon and feeling embarrassed.
2. Women empowerment
Unlike the older generation women, who were dependent on their husbands/in-laws and compromised self happiness for a long lasting marriage, today’s modern women are financially independent, well-informed and don’t hesitate to secure their rights. They want to make their own decisions pertaining to education, career or marriage.
3. Less respect for marriage
Earlier, the couples bowed down to the pressures of society to make their marriage work. However, today, the couples take their relationships casually and may head to the court without trying to work on the possible solutions to save their marriages. Also, the growing number of live-in relationships, dating & matrimonial websites, social networking & digital media platforms, as well as career-minded couples has also considerably made people less tolerant and respectful of the sanctity of the institution of marriage.
4. Compatibility
These days, men and women have a strong desire to feel connected with their spouses on intellectual, emotional, professional, or sexual levels for a successful relationship. After a few months or years into the nuptial knot, if they realize that they are not compatible with each other or don’t share common interests, they may not mind bidding adieu to their marriage.
5. Charges under IPC 498A
IPC 498A was introduced to give legal protection to married women who were subjected to mental and physical harassment by her husband or husband’s relatives. However, it has been seen that in some cases that the married female and her paternal family have been misusing this act by making false cases against the husband or his family. In such a scenario, if the complaint turns out to be false, then the husband is entitled to divorce.
The alarming increase in the number of divorces in India is a fact that we can no longer deny.