Crime, by its very character, is common around the world in as much that the ingredients that constitute a crime are more or less the same everywhere. So murder is murder, whether it is in USA, Russia or India. So also is the case with other crimes of passion. And then there are economic offences, that differ in scale and size, but still contain common constituents in its accomplishment across the world.

Dowry, and dowry death, is probably unique to India, or maybe the sub-continent. I am certain it is almost unheard of in the Western or Far Eastern or African nations. And there in lies the whole story, and the whole problem. A phenomenon that has its origins in culture and tradition, much before any codified law appeared on the horizon, presents enormous challenges to the very law that tries to contain it, challenge it and eradicate it.

And although this article deals with the problems faced with victims of false complaints, there is no doubt in my mind that it is an endemic that must be eradicated ruthlessly.

In this article, we will deal with:

1) The dangers of victimization of innocent people by a false complaint combined with an overzealous and/or corrupt officer at the helm of investigation.

2) The legal strategy/solution to be adopted by those who are actually innocent and falsely implicated.

3) The PRACTICAL SOLUTION to this whole ‘national disease’ of dowry as well as cases of Harassment under Section 498A of IPC. (and the practical solution has nothing to do with law)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nithianandan Balagopalan, Nithia's Indian Law Radar | Attorney Advertising

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