Dowry offence may become bailable
Jaipur: The law ministry is out to tone down provisions dealing with cruelty by a woman’s husband or his relatives, which, if implemented, could result in dowry harassment becoming a bailable offence. The changes are supposedly aimed at protecting family life and checking alleged misuse of the law. Accordingly, Section 498-A of IPC, which defines matrimonial cruelty, will be amended.
Under the Section, inserted by an IPC amendment in 1983, offenders, including husband or any other family members, are liable for imprisonment as well as fine. The offence is non-bailable, non-compoundable (cannot be closed by way of fine) and cognizable on a complaint made to the police by the victim (wife) or designated relatives. If changes are made, offences, including dowry harassment, will become bailable and compoundable.
“Relevant data and opinion are being sought from states to evaluate the misuse of law and possibilities of changing it,” said Law Commission of India member Justice Shiv Kumar Sharma. The commission will meet the police of different states to collect statistics regarding its misuse.
“After a husband is arrested, possibility of reconciliation becomes difficult. So the aim is to strike a balance,” Sharma told TOI on Wednesday. However, he said the commission was equally concerned about genuine cases of cruelty and data regarding the same was being collected. “The focus is to see that a family is not ruined for trivial reasons,” he said.
Last Friday, the Law Commission held a meeting in New Delhi, also attended by law and justice minister Veerappa Moily, to discuss improvement of justice delivery system, review of Section 498-A and expanding the ambit of compoundable offences under the IPC.
MATRIMONIAL CRUELTY
Under Section 498-A of the IPC, which defines matrimonial cruelty, offenders, including husband, are liable for imprisonment and fine. The offence is non-bailable, noncompoundable and cognizable
Law Commission of India member Justice Shiv Kumar Sharma said once a husband is arrested, possibility of reconciliation between warring spouses becomes difficult
Under the Section, inserted by an IPC amendment in 1983, offenders, including husband or any other family members, are liable for imprisonment as well as fine. The offence is non-bailable, non-compoundable (cannot be closed by way of fine) and cognizable on a complaint made to the police by the victim (wife) or designated relatives. If changes are made, offences, including dowry harassment, will become bailable and compoundable.
“Relevant data and opinion are being sought from states to evaluate the misuse of law and possibilities of changing it,” said Law Commission of India member Justice Shiv Kumar Sharma. The commission will meet the police of different states to collect statistics regarding its misuse.
“After a husband is arrested, possibility of reconciliation becomes difficult. So the aim is to strike a balance,” Sharma told TOI on Wednesday. However, he said the commission was equally concerned about genuine cases of cruelty and data regarding the same was being collected. “The focus is to see that a family is not ruined for trivial reasons,” he said.
Last Friday, the Law Commission held a meeting in New Delhi, also attended by law and justice minister Veerappa Moily, to discuss improvement of justice delivery system, review of Section 498-A and expanding the ambit of compoundable offences under the IPC.
MATRIMONIAL CRUELTY
Under Section 498-A of the IPC, which defines matrimonial cruelty, offenders, including husband, are liable for imprisonment and fine. The offence is non-bailable, noncompoundable and cognizable
Law Commission of India member Justice Shiv Kumar Sharma said once a husband is arrested, possibility of reconciliation between warring spouses becomes difficult
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