Section 498A Misuse: Delhi HC Upholds Constitutional Right to Silence
jurisprudence ts_lawcet advanced news_to_lawJust saw that the Delhi High Court has ruled in the case of Sushil Yadav vs State (2024) that a person can remain silent during police interrogation without it being used against them. This is literally Section 161 of the CrPC in action - the police can't force you to give statements that can be used against you. The court said that if a person chooses to remain silent, it can't be said that they're exercising their 20th or 30th right under the Constitution. This is a big deal in cases of 498A, where women are framed by false complaints. Courts must now ensure that police comply with this order and don't harass people just because they're silent during questioning.
2 Comments
Agar yeh judhement kiya hai toh lagta hai ki court ne ek bahut hi sabhyatmik nishkarsh diya hai. Sabhi ko pata hai 498A ka misuse hua hai, lekin logon ko dar hai. Yeh decision court ki ek chhote si jithni hai, lekin yeh sabhi ko isey samajhne ke liye kafi hai. Silence toh hamesha ek mazbooti hai.
Mujhe lagta hai ki yeh article kuchh zyada lenient hai. Section 498A ka misuse toh hua toh hua, par yeh kabhi bhi aadmi ko innocent naa banata. Aapko toh police aur judiciary ko zyada responsibility dena chahiye. Abhi toh yeh cases court mein tak lambi baat hote hain, aur poor husband ko jail mein kyun rakha jaata hai? Inki bhi kahaniyan hai, kya?