Thursday 9 July 2015

DRACONIAN 498A IPC

Here are some statistics why 498a is called a draconian law-
“It is a law by misusing which 20% population can destroy the whole country”


Year
Cases
Arrests
Conviction
(at lower court)
Suicides by husband
2009
89546
174395
19.9%
58192
2010
94041
180413
20.6%
61453
2011
99135
180701
20.6%
64323
2012
106527
197762
14.4%
65979
2013
118866
222091
15.6%
68756
Source: NCRB data 2013

This was about fresh cases; now let us analyze it with pendency of cases which is huge.


Cases Filed under 498A and disposed of by Courts
Year    
 Total Cases pending trail up to that year
Convicted 
Acquitted
 Withdrawn 
Total cases remaining at the end of year
Conviction Rate of Cases under 498A
Average Conviction Rate of all IPC crimes
2007
 267600
6831
25791
6364
228614
21.2%
42.30%
2008 
293416
7710
26637
7310
251759
22.7%
42.60%
2009
323355
7380
29943
7111
278921
19.9%
41.70%
2010 
357343
7764
32987
6601
309991
19.6%
40.70%
2011
387690
8167
32171
7477
339902
20.6%
41.10%
2012
426922
6916
39138
8775
372706
14.4%
38.50%
2013
466079
7258
38165
8218
412438
15.6%
40.20%



Cases Filed under 498A and disposed of by Courts



Year
Total Cases pending trail up to that year
Convicted
Acquitted
Withdrawn
Total cases remaining at the end of year
Conviction Rate of Cases under 498A
Average Conviction Rate of all IPC crimes
Increase in pendency%
X=Pending-Opening of the year

2007
267600
6831
25791
6364
228614
21.20%
42.30%
9.647235
-6354.35

2008
293416
7710
26637
7310
251759
22.70%
42.60%
10.2036
-7299.8

2009
323355
7380
29943
7111
278921
19.90%
41.70%
10.51105
-7100.49

2010
357343
7764
32987
6601
309991
19.60%
40.70%
8.492401
-6592.51

2011
387690
8167
32171
7477
339902
20.60%
41.10%
10.11943
-7466.88

2012
426922
6916
39138
8775
372706
14.40%
38.50%
9.171933
-8765.83

2013
466079
7258
38165
8218
412438
15.60%
40.20%

-8218

Total
52026
224832
51856
Ø  

I added two more columns at last and summed up figures of three columns below to them.

Ø  We are increasing the pendency at the rate of around 10%.

Ø  “X” in negative shows we are adding more number of cases every year then we are able to dispose (convict, acquit or withdraw).

Ø  Conviction from 2009 to till 2013 is mere 52K where acquittal is 2.2L and cases withdrawn are 51K.

Ø  Conviction is going down rapidly whereas average conviction rate of all crimes is somehow stagnant.


Till 52026 got convicted till 2013 from 2007 we had already 418569 added to the group. And remember the conviction is at lower court till it reaches the higher courts and conviction goes as below as 1%. According to NCRB data our courts disposal is 11.5% for these cases means rest linger on in courts for minimum 9 years.

Ø  According to NCRB 1.9 person per case is arrested in 498a in 2013. This is arrested person data whereas number of person accused in each case must be on an average 5. This means for those “N” number of false cases 2N people arrested and approx 5N people are forced to face trial for minimum 5 years. This is shocking somewhere means 20% of population of our country can destroy the whole country with misusing this law. It also means for those N cases our country went behind 9 years in the race of development and growth because mostly accused are young man.

Ø  And look at the other scenario of suicides; till 2013 from 2009 total 318703 of husband has suicide from 2009 that could not bear the burden of false case and harassment due to it.

(Views are personal)

1 comment:

  1. Time to scrap 498a and make gender netural Domestic violence law to stop extrotion and blackmailing of men. Stop Abuse of Men

    ReplyDelete