Rape in marriage not a crime, Indian court rules

[ranjeet]

Only if they are repeat offenders do they get non bailable warrants.
And yes you are right that sometimes "false cases" are filed too....but the chances of it happening are rare.

nah ... your name has to be there in the FIR it doesn't matter if you are a repeat offender or a first timer. Now a days if you look for such cases in the paper you would find the husband, mum in law, father in law, sister in law along with her husband named in such cases. after seeing the plight of women in such cases the courts ordered the accused to be arrested without any bail. Let me try to find some articles of such arrests. Having said that I still say false cases form a very tiny percentage of such cases.

 

[livingdead]

@levina lot of new laws are anti men. It does not help case of women much those who really need still face issues. There are vindictive women who can screw a man's life. The abuse of dowry laws were even cited by supreme court.

In the end, the law enforcement authorities will not take anything seriously and deserving women will get delayed response. I know a case of one of my relative(they accused him of rape in a property related dispute).

 

[ranjeet]

Section 498A of the Indian Penal Code, is a criminal offence. It is a cognizable, non-bailable, and
non-compoundable offence

In legal terms, 498A is an offence, which is:
• Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police are
duty bound to register and investigate a cognizable offence. 498A is a cognizable offence.
• Non-Bailable: There are two kinds of offences, bailable and non-bailable. 498A is non
bailable. This means that the magistrate has the power to refuse bail and remand a person to
judicial or police custody.
• Non-Compoundable: A non-compoundable case, e.g. Rape, 498A etc, cannot be
withdrawn by the petitioner. The exception is in the state of Andhra Pradesh, where 498A
was made compoundable.


http://ipc498a.files.wordpress.com/2007/11/what-is-section-498a-of-the-indian-penal-code.pdf

@levina @he-man

 

[he-man]

@levina lot of new laws are anti men. It does not help case of women much those who really need still face issues. There are vindictive women who can screw a man's life. The abuse of dowry laws were even cited by supreme court.

In the end, the law enforcement authorities will not take anything seriously and deserving women will get delayed response. I know a case of one of my relative(they accused him of rape in a property related dispute).

exactly.......thats why when a man knows that he will get 10 years or life in gang rape......the first thing he will do is kill the victim after that.

 

[livingdead]

exactly.......thats why when a man knows that he will get 10 years or life in gang rape......the first thing he will do is kill the victim after that.

wtf I am not supporting gang rape... or any rape..
I was just saying the burden of proof seems to have been shifted to the defence in certain crime, and I am not happy about that. Unfairness helps nobody.

 

[he-man]

wtf I am not supporting gang rape... or any rape..
I was just saying the burden of proof seems to have been shifted to the defence in certain crime, and I am not happy about that. Unfairness helps nobody.

i am just stating what criminals think and they do think this way whether we believe it or not.
no one wants to go to jail for life man.

unless mindset changes these things will continue

 

[Levina]

if u are not here,,,u have no idea whats going on here
as simple as that,ur only source of info is media channels and a newspaper,,,maybe internet.

As if I dont interact with ppl in India.

i live here,talk to people everyday and know situation 1000 times better than u ever will.

That proves nothing.

make any law u want neither rapes nor dowry deaths are gonna stop till people change the mindset and that ain't gonna happen overnight.no
minimum of a generational change is required for any substantial change and that means at least 10-15 years will be required.
rest is bullshit

After reading all your posts I have concluded that you think Indian men are getting victimized by this law, which is a false notion that you harbor. I dont say it doesnt happen...but the chances of it happening is very less.
Tarun tejpal was definitely not a "victim".
AK ganguly's case- I am not sure.But I strongly believe that an intern would never have done it to a man of his stature unless she had a strong case against him.
Yes the attitude has to change....it would come with stricter laws, more women should come out in the open and report such cases.That might deter a potential stalker/rapist...or anyone who thinks of violating a woman in any possible way.

nah ... your name has to be there in the FIR it doesn't matter if you are a repeat offender or a first timer. Now a days if you look for such cases in the paper you would find the husband, mum in law, father in law, sister in law along with her husband named in such cases. after seeing the plight of women in such cases the courts ordered the accused to be arrested without any bail. Let me try to find some articles of such arrests. Having said that I still say false cases form a very tiny percentage of such cases.

"Tiny percentage"- right..thats what I have been stressing too.
Dowry deaths are increasing per hour and something has to be done to stop it...urgently!

@levina lot of new laws are anti men.

But still its the women who get victimized most of the time.

Section 498A of the Indian Penal Code, is a criminal offence. It is a cognizable, non-bailable, and
non-compoundable offence

In legal terms, 498A is an offence, which is:
• Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police are
duty bound to register and investigate a cognizable offence. 498A is a cognizable offence.
• Non-Bailable: There are two kinds of offences, bailable and non-bailable. 498A is non
bailable. This means that the magistrate has the power to refuse bail and remand a person to
judicial or police custody.
• Non-Compoundable: A non-compoundable case, e.g. Rape, 498A etc, cannot be
withdrawn by the petitioner. The exception is in the state of Andhra Pradesh, where 498A
was made compoundable.


http://ipc498a.files.wordpress.com/2007/11/what-is-section-498a-of-the-indian-penal-code.pdf

@levina @he-man

Finally it depends on the magistrate to give a bail or not ...isnt it??

exactly.......thats why when a man knows that he will get 10 years or life in gang rape......the first thing he will do is kill the victim after that.

Write it down on a stone that victim would have got killed even if this law didnt exist....nobody wants to spend even a day behind the bars.
But then I guess nothing deters these men.

 

[Shabaz Sharif]

Is rape rampant in North India because of shortage of girls?

 

[Levina]

Is rape rampant in North India because of shortage of girls?

Not really...
Kerala has the highest female-male ratio (1084:1000 against the national 940:1000) and the highest female literacy rate (92%). Yet the crimes against women are highest in kerala (India)

In short,it doesnt have anytging to do with "shortage" of girls.

 

[ranjeet]

"Tiny percentage"- right..thats what I have been stressing too.
Dowry deaths are increasing per hour and something has to be done to stop it...urgently!
But still its the woman who get victimized most of the time.
Finally it depends on the magistrate to give a bail or not ...isnt it??

unfortunately these laws are not much of a help to the real victims, hence we still have dowry and rape cases on the rise. No doubt woman are the victims here and we need to do all we can to protect them from such harassment. We need to make the laws more dynamic and special courts to be formed to hear such cases. More importantly we need to change to mindset of the people, and educate them about what's right and what's wrong.

Yes bail is the prerogative of the magistrate but considering the back log of cases pending in the courts, to get a bail hearing takes time and till then all the accused have to stay in jail.

 

[Shabaz Sharif]

Not really...
Kerala has the highest female-male ratio (1084:1000 against the national 940:1000) and the highest female literacy rate (92%). Yet the crimes against women are highest in kerala (India)

In short,it doesnt have anytging to do with "shortage" of girls.

@Ravi Nair sir this is true?

 

[anonymus]

@levina @he-man @ranjeet @hinduguy @Ravi Nair

Here:

8-A. Burden of proof in certain cases.- Where any person is prosecuted for taking or abetting the taking of any dowry under Sec. 3, or the demanding of dowry under Sec.4, the burden of proving that he had not committed an offence under those sections shall be on him.

THE DOWRY PROHIBITION ACT

Tarun Tejpal, ex-Tehelka editor charged by Goa police with raping a junior colleague, will have the burden of disproving charges under the new anti-rape law should the case come to trial.

Tehelka case: Burden of proof on Tarun Tejpal if victim gives police statement - Economic Times

According to the current law if a woman says she has been raped then it will be considered enough evidence to convict the accused.

Rape law, a double-edged sword in India - IBNLive

26. For section 114A of the Evidence Act, the following section shall be substituted, namely:-

Presumption as 10 absence of consent in certain prosecution for rape.

'II4A. In a prosecution for rape under clause (0), clause (b), clause (c), clause (d), clause (e), clause (j), clause (g), clause (h), clause ('), clause (j), clause (k), clause (f), clause (m) or clause (n) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court. That she did not consent, the court shall presume that she did not consent.

Explanation.- In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (0) to (d) of section 375 of the Indian Penal Code.'.

For section 114A of the Evidence Act, the following section shall be substituted, namely | Criminal Law (Amendment) Act, 2013 | Bare Acts | Law Library | AdvocateKhoj

http://indiacode.nic.in/acts-in-pdf/132013.pdf

Press Information Bureau English Releases



In simple words, In India a woman has to just cry rape, dowry harassment, and domestic violence, and her word would be regarded as gospel truth and burden of proof would be on accused to prove his innocence. All this while sitting in jail as Rape is a non-bailable offence.


Anyone who has even got the most elementary understanding of philosophy and law understands that proving a negative is practically impossible.

These shifts in burden of proof has been legislated by stupid politicians under pressure of feminist who view women as perpetual infantile victim who could do no wrong.This has turned these laws, along with SC/ST atrocities act which has similar burden of proof as requirement ,as most abused laws in India.

and more importantly they show lack of logical reasoning and intellectual honesty among general population and TV anchors.

If lot of rapes that happen are not reported it does not mean that every rape that is reported is true.

This is a basic problem of deductive reasoning in which Indians collectively fail. No doubt average IQ of Indians is 87.

 

[he-man]

@levina @he-man @ranjeet @hinduguy @Ravi Nair

Here:



THE DOWRY PROHIBITION ACT



Tehelka case: Burden of proof on Tarun Tejpal if victim gives police statement - Economic Times




Rape law, a double-edged sword in India - IBNLive




For section 114A of the Evidence Act, the following section shall be substituted, namely | Criminal Law (Amendment) Act, 2013 | Bare Acts | Law Library | AdvocateKhoj

http://indiacode.nic.in/acts-in-pdf/132013.pdf

Press Information Bureau English Releases



In simple words, In India a woman has to just cry rape, dowry harassment, and domestic violence, and her word would be regarded as gospel truth and burden of proof would be on accused to prove his innocence. All this while sitting in jail as Rape is a non-bailable offence.


Anyone who has even got the most elementary understanding of philosophy and law understands that proving a negative is practically impossible.

These shifts in burden of proof has been legislated by stupid politicians under pressure of feminist who view women as perpetual infantile victim who could do no wrong.This has turned these laws along with SC/ST atrocities act which has similar burden of proof as requirement as most abused laws in India.

and more importantly they show lack of logical reasoning and intellectual honesty among general population and TV anchors.

If lot of rapes that happen are not reported it does not mean that every rape that is reported is true.

This is a basic problem of deductive reasoning in which Indians collectively fail. No doubt average IQ of Indians is 87.

@levina

read the above and never mess with me again.

i was right and u were wrong,,,as simple as that.

u know why??
because i know whats happening in india and u don't

@levina @he-man @ranjeet @hinduguy @Ravi Nair

Here:



THE DOWRY PROHIBITION ACT



Tehelka case: Burden of proof on Tarun Tejpal if victim gives police statement - Economic Times




Rape law, a double-edged sword in India - IBNLive




For section 114A of the Evidence Act, the following section shall be substituted, namely | Criminal Law (Amendment) Act, 2013 | Bare Acts | Law Library | AdvocateKhoj

http://indiacode.nic.in/acts-in-pdf/132013.pdf

Press Information Bureau English Releases



In simple words, In India a woman has to just cry rape, dowry harassment, and domestic violence, and her word would be regarded as gospel truth and burden of proof would be on accused to prove his innocence. All this while sitting in jail as Rape is a non-bailable offence.


Anyone who has even got the most elementary understanding of philosophy and law understands that proving a negative is practically impossible.

These shifts in burden of proof has been legislated by stupid politicians under pressure of feminist who view women as perpetual infantile victim who could do no wrong.This has turned these laws along with SC/ST atrocities act which has similar burden of proof as requirement as most abused laws in India.

and more importantly they show lack of logical reasoning and intellectual honesty among general population and TV anchors.

If lot of rapes that happen are not reported it does not mean that every rape that is reported is true.

This is a basic problem of deductive reasoning in which Indians collectively fail. No doubt average IQ of Indians is 87.

u forgot to mention the adultery law man.
and rape section includes molestation and stalking too now!!
if i show a dirty picture to a woman,,,i may be jailed for 1 year!!

for stalking its 2 years and for repeated stalking its 5-7 years i think......................this sucks

 

[anonymus]

@he-man

My critique of all these laws is not based on their harshness of the punishments they proscribe but on the fact that they shifts burden of proof on accused.

And before someone comes in with a rant regarding poor woman who would have to prove that such a horrible act has occured, i would like to remind them that Rape is a crime and only party in any criminal case is Government of India and defendant. Every criminal case is fought by state on behalf of victim.

 

[he-man]

@he-man

My critique of all these laws is not based on their harshness of the punishments they proscribe but on the fact that shifts burden of proof on accused.

And before someone comes in with a rant regarding poor woman who would have to prove that such a horrible act has occured, i would like to remind them that Rape is a crime and only party in any criminal case is Government of India and defendant. Every criminal case is fought by state on behalf of victim.

u can see my discussions with levina that i said exactly the same thing,,,that burden of proof lies on the man to proove that he is innocent.

how the heck can u proove that??
answer------u can't,if a false allegation is made 99% of the times man is fucked