HC refuses to entertain PIL on live-in relationship

Posted on 19th Feb 2015 11:55 am by mohit kumar

New Delhi, Feb 18 (IANS) The Delhi High Court Wednesday refused to entertain a PIL seeking directions to the government to keep cases of live-in relationships out of the purview of rape under the Indian Penal Code.

The PIL also sought direction with regard to the issue of police arresting a person only on the basis of an allegation levelled by the woman, prior to conducting a preliminary enquiry and obtaining a medical report.

Before arrest, sufficient cause should be recorded by the officer to avoid false implication.

A division bench of Chief Justice G. Rohini and Justice R. S. Endlaw refused to entertain the plea saying that it is not in the discretion of the court to direct police whom to arrest.

"How can court direct police officer not to arrest anybody? Its not in the discretion of court. We are not entertaining this plea," the bench said.

Seeking to control the possible misuse of the rape law in the city, the plea filed by one Anil Dutt Sharma said the complaint lodged by the live-in partner against the other should be registered under section 420 (cheating), not section 376 (rape).

The lawyer, who appeared for Sharma, argued that as per records it has been seen that in many instances courts acquit men accused of rape as women file false cases.

"In more than 70 percent cases, the accused is found not guilty and the family members of the the accused face humiliation in the society," he argued.

Other news

Will South Africa, and Sri Lanka not be able to play the World Cup: Ireland can spoil the game of three big teams

There is still doubt about the playing of veteran teams like South Africa, Sri Lanka, and West In

Furore in Rajya Sabha over Mufti's comments

New Delhi, March 2 (IANS) Jammu and Kashmir Chief Minister Mufti Mohammad Sayeed's controversia

Sam Pitroda Controversy: '...the more shoes you hit, the less you hit', Digvijay Singh's brother Laxman angry over Sam Pitroda's statement

Congress leader Digvijay Singh's brother and former MLA Laxman Singh has jumped into the controve

Who is the anti-India Ilhan Omar, whom Rahul Gandhi met in America; there was a ruckus over his visit to POK.

Congress MP and Leader of Opposition in Lok Sabha Rahul Gandhi's US visit is getting mired in con

UWW: Will UWW change the weight measurement rules after the Vinesh Phogat case? Decision on the silver medal may come by this evening

The Paris Olympics have ended, but Indian wrestler Vinesh Phogat is still waiting for justice. Sh

Indian Navy: Admiral R Hari Kumar said - the Indian Navy will be completely self-sufficient by the year 2047

Indian Navy Chief Admiral R Hari Kumar on Tuesday said that from the production of ships and subm

Corona in the country: 1.67 lakh cases in 24 hours, less than 2 lakh after 20 days; 1,192 deaths, positivity rate down by 4.08%

On Monday, 1.67 lakh cases were reported in the country. During this 2.54 lakh, people were also

Punjab Budget 2022: Shock to women, the government did not fulfill this promise, read here the big things of Punjab budget

The Bhagwant Mann government of Punjab presented its first budget on Monday. Finance Minister Har

World Bank Approves $1 Billion Emergency Fund For India To Tackle Coronavirus

विश्व बैंक ने गुरुवार को कहा कि उसने 25

India Corona Cases: Active cases lowest in 205 days, 21 thousand cases were reported in the last hour, half found in Kerala

In the last 24 hours, 21,257 new cases of coronavirus infection have been reported in India. With