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Report No. 243

Section 498-A IPC

Contents
Introduction
1. Introduction
2. Judicial decisions (1)
Judicial decisions (2)
3. Some data regarding Prosecutions u/s 498-A
4. Arguments: Pro & Contra
The arguments, on the other hand, in support of maintaining the status quo are briefly
5. Thus, the triple problems that have cropped up in the course of implementation of the provision are
6. View of National Commission for Women
7. The Approach and views of the Commission broadly
8. Compounding the Offence
The relevant part of Commission's report is furnished in Annexure-II
9. Domestic Violence Act
10. Response.- an overview
11. Diagnosis of the problem and reasonable solution
12. Power of Arres.- a balanced approach
13. Analysis of the provisions relating to arrest and the duty of police (1)
Analysis of the provisions relating to arrest and the duty of police (2)
14. Certain guidelines / prescriptions to mitigate misuse
15. Home Ministry's advisory and further action to be taken
16. Amendment of Section 41 Cr.PC by the addition of sub-section (3)
17. Section 358 of Cr.P.- raising the compensation limit
Punishment for misus.- no specific provision necessary
18. State's obligation to take care of estranged women in distress
19. Summary of Recommendations
Annexur I Law Commission of India
Consultation Paper-cum-Questionnaire regarding Section 498-A of Indian Penal Code
The arguments, on the other hand, in support of maintaining the status quo are briefly
Questionnaire
Annexur II Extracts from the 237th Report of the Law Commission of India on 'Compounding of (IPC) Offences'
Compoundability of Certain Offences
Compoundability of Certain Offences (2)
Annexur III List of persons, organizations and officials who responded to the questionnaire
A. A List Of Individual.-Responded To The Questionannaire On Section 498-A Ipc
B. List Of Organizations / Institution.-Responded To The Questionannaire On Section 498-A Ipc
C. List of Government Official.- Responded To The Questionannaire on Section 498-A Ipc
D. List of Judicial Officials/ other Official.-Responded to The Questionannaire on Section 498-A IPC (1)
List of Judicial Officials/ other Official.-Responded to The Questionannaire on Section 498-A IPC (2)
Annexur III-A Broad Analysis of 474 replies to questionnaire on Section 498-A IPC regarding bailability
Broad Analysis of 474 replies to questionnaire on Section 498-A IPC regarding bailability
Annexur III-B Some of the responses receive.-Gist
Some of the responses receive.-Gist
Members of National Commission for Minorities
Shri Daruwala
Dr. Ranbir Singh, Vice-Chancellor
Dr. Bimal Patel, Director, GNLU, Gandhinagar, Gujarat
Judicial Officers Training Institute, (JOTRI), Jabalpu
Director, H.P. Judicial Academy, Shimla
Dr. Neera Bharihoke, ADJ, Delh
Dr. Neera Gupta
Ministry of Women and Child Development, Government of India
Lawyers Collective
Ms. Nagaratna A., Asstt. Professor of Law, NLSIU, Bangalore
AIDWA (Ms. Keerti Singh, Delhi)
KFWL (President, Ms. K. Devi, Advocate), Koch
Rakshak Foundation (Shri Sachin Bansal, Santa Clara, USA
Shri Priyank Parekh, Manchester, US
Dr. Virender Aggarwal, Director (Academics) Chandigar
Shri Sivaiah Naidu, Registrar General, High Court of A.P
Shri Abhay Kumar, Registrar, High Court of M.P., Jabalpu
Additional Chief Judl. Magistrate (E.O.), Ernakula
Shri Thomas Pallickparampil, District Judge, Keral
Shri Narender Kumar, District Judge (Family Courts)-Bhiwan
Shri R.R. Garg, District Judge, Karna
Ms. Renhcamo P. Kikon, DIG of Police, Nagaland, Kohima
I. G. of Polic.- Union Territory, Chandigar
Shri Mangesh Kashyap, DCP (HQ), Delhi
Shri D.V.K. Rao, Under Secretary, Ministry of Women & Child Development, Delhi
Shri T. Pachuau, IG of Police, Manipu
Annexur III-C Replies of Government Officials to The Questionannaire on Section 498-A IPC
1 Secretary, Law Department, A&N Admn., Port Blair
2,3. Pr. Secretary(Law), Govt. of Himachal Pradesh
4. Govt. of West Bengal (Law Department)
5. Home Secretary, Chandigarh Administration
6. Law Department, Tripura
7. Law Department, Govt. of Goa
8. Department of Home and Inter State Border Affairs, Government of Arunachal Pradesh, Itanagar
9. Government of Madhya Pradesh
10,11. Dy. Legal Remembrancer, Government of Nagaland


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