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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. 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 ?
  • a)
    Yes
  • b)
    No
  • c)
    Depend on the discretion of the Police
  • d)
    Cannot be answered.
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.In a s...
According to Section 498A of Indian Penal Code , Any Indian wife and her relative can file 498A on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives.
In the given case: Amita, who has been married to Amit for one year has lodged a complaint against his husband, mother-in-law and sister-in-law who is not living with her.
But the charge against sister-in-law be will depend on the discretion of the Police.
Hence, the correct answer is Depend on the discretion of the Police
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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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.Correct answer is option 'C'. Can you explain this answer?
Question Description
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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.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. 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 ?a)Yesb)Noc)Depend on the discretion of the Policed)Cannot be answered.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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