ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Whither 498A?

The arguments of Indira Jaising (“Concern for the Dead, Condemnation for the Living”, EPW, 26 July 2014) on the Supreme Court ruling about increasing misuse of Section 498A of the Indian Penal Code (IPC) are biased.

Mentioning the Supreme Court’s observation, Indira Jaising writes, “When faced with evidence of a poor conviction rate of 15% (juxtaposed with a high rate of charge-sheeting at 93.6%) the Court ought to have been alerted to the fact that the prosecution has not been properly conducted during the trial. Instead, by an inverted logic, these statistics are offered as evidence that an overwhelming majority of these cases, since they result in acquittals, were false cases brought by ‘disgruntled wives’ ” (p 37).

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