Status of
498a IPC cases with Police. Source: NCRB data 2013 Table 4.1
Pending including previous years carry forward
(1)
|
Withdrawn by govt
(2)
|
Investigation refused
(3)
|
Found false
(4)
|
Final report submitted
(5)
|
Charge sheet submitted
(6)
|
Total finished
(7)=(5)+(6)
|
Pending
(8)
|
162238
|
6
|
45
|
10864
|
7808
|
93386
|
112058
|
50129
|
Status of 498a IPC cases with Police. Source: NCRB data 2013 Table 4.3
Found false this year
(%)
|
Final report submitted this year
(%)
|
Charge sheet submitted this year
(%)
|
Total finished this year
(%)
|
Pending
(%)
|
Charge sheeting rate
(%)
|
6.7
|
4.8
|
57.6
|
69.1
|
30.9
|
92.3
|
2 years to pass this stage but 92% probability you will not be relieved as police is expert in filling Charge sheets in 498a IPC. Now lets c the status in courts.
Status of
498a IPC cases in courts. Source: NCRB data 2013 Table 4.9
Pending including previous years
carry forward
(1)
|
Withdrawn by govt
(2)
|
Compounded or withdrawn
(3)
|
Conviction
(4)
|
Acquittal
(5)
|
Total finished cases
(6)=(4)+(5)
|
Pending
(7)
|
466079
|
13
|
8218
|
7258
|
38165
|
45423
|
412438
|
Status of
498a IPC cases in courts. Source: NCRB data 2013 Table 4.11
Compounded or withdrawn
this year
(%)
|
Conviction
this year
(%)
|
Acquittal
this year
(%)
|
Total finished cases
this year
(%)
|
Pending
(%)
|
Conviction rate
(%)
|
1.8
|
1.6
|
8.2
|
9.7
|
88.5
|
16
|
10
years pendency 16% probability of conviction.
So
it is 12-15 years suffering in 498a IPC excluding the days of suffering before
FIR is lodged.
Don’t
presume anything by the conviction rate of this year that 16%. Check below:-
Year
|
Conviction Rate of
Cases under 498A
|
Average Conviction
Rate of all IPC crimes
|
2007
|
21.2%
|
42.30%
|
2008
|
22.7%
|
42.60%
|
2009
|
19.9%
|
41.70%
|
2010
|
19.6%
|
40.70%
|
2011
|
20.6%
|
41.10%
|
2012
|
14.4%
|
38.50%
|
2013
|
15.6%
|
40.20%
|
Conviction rate is going down for 498a IPC. It is not that courts are finding it difficult to convict then earlier because average conviction rate of all IPC crimes is somewhere stagnant.
The reason is FALSE CASES of 498A IPC.
SC has termed it “LEGAL TERRORISM”
It is now high time to SCRAP 498A IPC
So these are the characteristics
of 498a IPC
Ø On mere allegations of wife FIR will
be filed no proofs and evidences required. So it is also a probability that on
mere misunderstanding also one can get trapped in this long suffering of 12-15
years. Rest reasons are infinite.
Ø It is up to wife whatever she can
term as “Dowry” or “Stridhan”. Usually for filling 498a everything related to
marriage is termed as dowry and demanded back as stridhan in CRPC 406.
Ø No arresting happens for those who
have given dowry although it is also a crime so at the FIR stage and till
charge sheet is filed in court there is no fear of saying dowry was given in
marriage. Later she can deny in court and say that was not “Dahej” but
“Daan-dahej”.
Ø Arresting/detention/custody is almost
sure as 1.9 persons per case are arrested in 498a IPC as per NCRB data.
Ø Very low chance FIR is filled and
accused are not charge sheeted, only in 7.7% cases.
Ø Police closes approximately 70% of
cases/year so when FIR is lodged next year one will definitely find him in
court for sure.
Ø Now comes the heavy pendency of
court, after one seeks bail from court case is started, but only approximately
10% cases finish per year, so get ready for a long legal ride for at least
10-12 years. In totality it takes 12-15 years including time taken by police in
filling charge sheet.
Ø Then comes the order/decision after
long suffering for 84% cases is acquittal, but this is according to last year
conviction rate, remember conviction rate is going down rapidly.
Ø It doesn’t matter one is convicted or
acquitted he is a CRIMINAL for those 12-15 years. And remember there is no
punishment given for false cases only accused are acquitted.
Ø Other cases like CRPC125 and PWDV
will run separately and court will assure that wife gets maintenance or interim
throughout inspite of “one earns or not”, “lost job and seeking loans to fight
cases”, “forgets about expenses due to false cases he is fighting” as getting
maintenance or interim is wife’s right.
Ø But for sure they forget to give you
justice to man which is also a right of a citizen.
(Views are
personal)
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