IPC 498A Conviction rate is very Low (less then 2 %).
Every Year around 1 Lakh case registered in IPC 498A (www.ncrb.gov.in)
Out of 1 Lakh less then 2 % get convicted.
In Corruption/Murder etc Conviction rate is also Low specially when cases are against politicians system fail to provide justice that is what a normal Indian think of .... then why not the same apply in IPC 498A ?
Two questions pop-up in mind :
(1) Is the judicial system fail and most of dowry seeker get acquitted ?
(2) Most of case registred in IPC 498A are true ?
Yes. As a normal Indian I would conclude the same until I know the basic difference in IPC 498A and other IPC sections.
The basis difference lie within the system.
(a) Normally in any IPC it is assumed the accused is INNOCENT until proved otherwise. And because of inefficient system police and other agencies fail to prove him guilty and conviction rate stay Low.
(b) In IPC 498A situation is reverse and the accused is assumed to be GUILTY until proved otherwise. And at the same time wife's statement assumed true. Its accused responsibility to prove himself INNOCENT and accused put thier best afforts to prove. He provide best arguments and evidences and finally get acquitted.
The difference in the proceeding change the game : Normally in any IPC accused get aquited because police or investigation agencies fail to prove him guilty and in IPC 498A accused is proved Innocence in presence of evidences.
CONCLUSION : IPC 498A accused are proved INNOCENT in the light of evidences not because of absence of evidences and easy to think they are really Innocent and Victim of misuse.
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Gursharn Singh
gursharn76@gmail.com
9160352208
www.daman-kanpur.in
The FemiNazi's talk about conviction rates as if its a salesmans target for selling against a given number of enquiries in shop.
ReplyDeleteDamn! Its a question of someones life, reputation & career & also his dependents.
how irrational to give the police a target for convicting some minimum percentage of accused.
every case must be judges on its own merits
Ajhay U Waghmare ji conviction rate is important from two points
Delete(1) We get Idea how many times Law is misused. Every Law has a purpuse and conviction rate only tells us if target is achieved or it become the tool of extortion.
(2) Is also indicate if amendment is required.
Any Innocent booked by misusing Law means his life and his family also spoiled for own benefits.
One false case in IPC 498A means 2-3 three family finished. And Here we are encouraging around 1 Lakh false cases.