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Directions: Read the following passage and answer the question.
In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.
There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.
Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.
Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.
Q. What is the basic assumption in the jurisprudence of Indian criminal law ?
  • a)
    Preponderance of probabilities
  • b)
    Guilty until proven innocent
  • c)
    Innocent until proven guilty
  • d)
    Not mentioned in the passage.
Correct answer is option 'C'. Can you explain this answer?
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Directions: Read the following passage and answer the question.In a s...
According to question , this option is the appropriate answer,
The Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.
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Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What does the section 498 A498 A of Indian Penal Code provides for

Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. Under Section-498A of the Indian Penal Code, who among the following can be charged of an offence ?

Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. Amita, who has been married to Amit for one year has lodged a complaint under section 498 A498 A of Indian Penal Code against his husband, mother-in-law and sister-in-law. She used to reside in Delhi with her husband and mother-in-law and third accused, her sister-in-law used to reside in Bangalore. Can a charge be made against the sister-in-law who resides in Bangalore for the cruelty that happened in Delhi ?

Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498A of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognisance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimised. Several women's rights groups have also acknowledged the Draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country.Such charges are brought with the malaise intention of harassing the spouse's family. Add to this loose wording that takes cognisance even of mental abuse, and it is easy to see why Section 498 A is susceptible to misuse. Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 41 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorising detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Q. Given below are the facts and features connected to the Section 498 A.498 A. Select the option that contains the correct answer.I. Section 498 A498 A was enacted to protect the women against the dowry cases.II. This Act used to give the power to the police to automatically arrest the accused without bail.III. Some women have misused this act to arrest the spouse's family.IV. Supreme Court has directed the police to directly arrest the accused under this act.

The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In the case that the police found narcotics in the possession of Ram Singh, which are illegal, based on information given in the passage, who do you infer has the burden of proof as per the Narcotic Drugs and Psychotropic Substances Act?

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Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer?
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Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. 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: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?a)Preponderance of probabilitiesb)Guilty until proven innocentc)Innocent until proven guiltyd)Not mentioned in the passage.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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