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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.
The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.
The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her father's or mother's brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.
Q. The husband's cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?
  • a)
    No, as it is the wife only who should have filed the complaint.
  • b)
    No, because only the police officer can file it after investigating the matter.
  • c)
    Either (1) or (2)
  • d)
    None of the above
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Directions:The question is based on the reasoning and arguments, or fa...
The complaint will sustain as it has been stated that the maternal or paternal uncle can file a complaint upon which a police report can be made. Therefore, 'None of the above' is the correct option.
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The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Andhra Pradesh Legislative Assembly has recently passed the Andhra Pradesh Disha Bill, 2019 (now, Andhra Pradesh Criminal Law (Amendment) Act, 2019).Disha is the name given to the veterinarian who was raped and murdered in Hyderabad on 27 November, 2019, sparked an outrage across country.It envisages the completion of investigation in 7 days and trial in 14 working days, where there is adequate conclusive evidence, and reducing total judgment time to 21 days from existing 4 months.The Act also prescribes death penalty for rape crimes where there is adequate conclusive evidence and this provision is given by amending Section 376 of Indian Penal Code (IPC), 1860.In cases of harassment of women through social/digital media, the Act states 2 years imprisonment for first conviction and 4 years imprisonment for second as well as subsequent convictions. As per Section 354D of IPC, stalking is continuously following a woman or contacting her either online or in person, where she has clearly shown she doesnt want the attention. The section makes an exception, if a person is stalking a woman as part of a legal duty to do so.A new Section 354 E will be added in IPC, 1860. It also prescribes life imprisonment for other sexual offences against children and for this purpose includes Section 354 F and 354 G in IPC. The Andhra Pradesh government will now establish, operate and maintain a register in electronic form, to be called Women & Children Offenders Registry. This registry will be made public and will also be available to countrys law enforcement agencies.The state government will also establish exclusive special courts in each district to ensure speedy trial. These courts will exclusively deal with cases of offences against women and children including rape, sexual harassment, acid attacks, social media harassment of women, stalking, voyeurism and all cases under Protection of Children from Sexual Offences (POCSO) Act, 2012.Moreover, the government will also appoint a special public prosecutor for each exclusive special court. The government will constitute special police teams at district level to be called District Special Police Team. It will be headed by DSP for investigation of offences related to women and children.Q.Naman is a police officer who is tracking down an arms shipment and has been monitoring Shrutis emails, phone messages and her Whatsapp messages. Naman has been keeping an eye on Shruti for a month. On knowing this fact, Shruti filed a complaint against Naman under Section 354 D of IPC. Naman was sentenced 2 years imprisonment for being the first case of stalking from Shruti. Is the sentence valid?

Directions: Read the following passage and answer the question.The Andhra Pradesh Legislative Assembly has recently passed the Andhra Pradesh Disha Bill, 2019 (now, Andhra Pradesh Criminal Law (Amendment) Act, 2019).Disha is the name given to the veterinarian who was raped and murdered in Hyderabad on 27 November, 2019, sparked an outrage across country.It envisages the completion of investigation in 7 days and trial in 14 working days, where there is adequate conclusive evidence, and reducing total judgment time to 21 days from existing 4 months.The Act also prescribes death penalty for rape crimes where there is adequate conclusive evidence and this provision is given by amending Section 376 of Indian Penal Code (IPC), 1860.In cases of harassment of women through social/digital media, the Act states 2 years imprisonment for first conviction and 4 years imprisonment for second as well as subsequent convictions. As per Section 354D of IPC, stalking is continuously following a woman or contacting her either online or in person, where she has clearly shown she doesnt want the attention. The section makes an exception, if a person is stalking a woman as part of a legal duty to do so.A new Section 354 E will be added in IPC, 1860. It also prescribes life imprisonment for other sexual offences against children and for this purpose includes Section 354 F and 354 G in IPC. The Andhra Pradesh government will now establish, operate and maintain a register in electronic form, to be called Women & Children Offenders Registry. This registry will be made public and will also be available to countrys law enforcement agencies.The state government will also establish exclusive special courts in each district to ensure speedy trial. These courts will exclusively deal with cases of offences against women and children including rape, sexual harassment, acid attacks, social media harassment of women, stalking, voyeurism and all cases under Protection of Children from Sexual Offences (POCSO) Act, 2012.Moreover, the government will also appoint a special public prosecutor for each exclusive special court. The government will constitute special police teams at district level to be called District Special Police Team. It will be headed by DSP for investigation of offences related to women and children.[Extracted, with edits and reviews, from Andhra Assembly passes Disha Bill to award death penalty to rapists within 21 days, news by indiatoday]Q.Is the verdict of a 2-year prison sentence for Naman, who had been monitoring Shrutis emails, phone messages, and WhatsApp messages while tracking an arms shipment for a month, and against whom Shruti filed a complaint under Section 354 D of IPC, considered valid?

Directions: Read the following passage and answer the question.The Andhra Pradesh Legislative Assembly has recently passed the Andhra Pradesh Disha Bill, 2019 (now, Andhra Pradesh Criminal Law (Amendment) Act, 2019).Disha is the name given to the veterinarian who was raped and murdered in Hyderabad on 27 November, 2019, sparked an outrage across country.It envisages the completion of investigation in 7 days and trial in 14 working days, where there is adequate conclusive evidence, and reducing total judgment time to 21 days from existing 4 months.The Act also prescribes death penalty for rape crimes where there is adequate conclusive evidence and this provision is given by amending Section 376 of Indian Penal Code (IPC), 1860.In cases of harassment of women through social/digital media, the Act states 2 years imprisonment for first conviction and 4 years imprisonment for second as well as subsequent convictions. As per Section 354D of IPC, stalking is continuously following a woman or contacting her either online or in person, where she has clearly shown she doesnt want the attention. The section makes an exception, if a person is stalking a woman as part of a legal duty to do so.A new Section 354 E will be added in IPC, 1860. It also prescribes life imprisonment for other sexual offences against children and for this purpose includes Section 354 F and 354 G in IPC. The Andhra Pradesh government will now establish, operate and maintain a register in electronic form, to be called Women & Children Offenders Registry. This registry will be made public and will also be available to countrys law enforcement agencies.The state government will also establish exclusive special courts in each district to ensure speedy trial. These courts will exclusively deal with cases of offences against women and children including rape, sexual harassment, acid attacks, social media harassment of women, stalking, voyeurism and all cases under Protection of Children from Sexual Offences (POCSO) Act, 2012.Moreover, the government will also appoint a special public prosecutor for each exclusive special court. The government will constitute special police teams at district level to be called District Special Police Team. It will be headed by DSP for investigation of offences related to women and children.[Extracted, with edits and reviews, from Andhra Assembly passes Disha Bill to award death penalty to rapists within 21 days, news by indiatoday]Q.Rima accused Ramesh, a 40-year-old male, of harassing her via Facebook for the second time. For the first time, Semma accused Ramesh of sexual harassment on WhatsApp. Ramesh was also accused of raping a rural woman, but there was not solid proof to support this accusation. After hearing the case, the court rendered a life sentence. Is the sentence of life in prison legitimate?

Directions: Read the passage carefully and answer the questions given beside.It has been repeatedly held that the PMLA (Prevention of Money Laundering Act) is a sui generis legislation, enacted to tackle money laundering through white-collar crimes. According to Section 3 of the PMLA, the act of projecting or claiming proceeds of crime to be untainted property constitutes the offense of money laundering. Under the Schedule to the PMLA, a number of offenses under the Indian Penal Code and other special statutes have been included, which serve as the basis for the offense of money laundering. In other words, the existence of predicate offense is sine qua non to charge someone with money laundering. It is crucial to note that the investigation and prosecution of the predicate offense are done typically by the Central Bureau of Investigation (CBI) or the State Police.Section 50 of the PMLA provides powers of a civil court to the ED authorities for summoning persons suspected of money laundering and recording statements. However, the Supreme Court held that ED authorities are not police officers. It observed in Vijay Madanlal Choudhary v. Union of India (2022) that “the process envisaged by Section 50 of the PMLA is in the nature of an inquiry against the proceeds of crime and is not ‘investigation’ in strict sense of the term for initiating prosecution.” There are other dissimilarities between ED authorities and the police. While the police are required to register a First Information Report (FIR) for a cognizable offense before conducting an investigation, ED authorities begin with search procedures and undertake their investigation for the purpose of gathering materials and tracing the ‘proceeds of crime’ by issuing summons. Any statement made by an accused to the police is inadmissible as evidence in court, whereas a statement made to an ED authority is admissible. A copy of the FIR is accessible to the accused, whereas the Enforcement Case Information Report is seldom available.While the police investigating the predicate offense are empowered to arrest and seek custody of the accused, the ED is meant to focus on recovering the proceeds of crime in order to redistribute the same to victims. It is not clear whether the ED has managed to do this. Per contra, the Proceeds of Crime Act, 2002, the analogous legislation in the U.K., almost entirely concentrates on the confiscation of assets through dedicated civil proceedings. Unfortunately, of late, much of the ED’s powers have been discharged in effecting pretrial arrests, which used to be the prerogative of the police investigating the predicate offence. In the past, the CBI was used to impart fear among political opponents. In the process, the agency received the condemnation of various courts and earned the nickname “caged parrot”. Whether the ED will go down the same path or reorient its approach will entirely depend on the intervention of the country’s constitutional courts.Q.Which of the following is not the appropriate cause-and-effect relationship in the passages context?

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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?
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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?.
Solutions for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 498A of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.For the purpose of this section, cruelty means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.Section 113A of the Indian Evidence Act, 1872, explains how the above provision is to be presumed. It explains that where the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113 A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the provision under Section 498A of the Indian Penal Code may attract, having regard to all other circumstances of the case, when such suicide has been abetted by her husband or by such relative of her husband.The Code of Criminal Procedure provides that no court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her fathers or mothers brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.Q.The husbands cruel nature against his wife caused her to go into depression. Seeing this, her uncle filed a complaint against the husband under Section 498 A. Will the complaint sustain?a)No, as it is the wife only who should have filed the complaint.b)No, because only the police officer can file it after investigating the matter.c)Either (1) or (2)d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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