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Criminal Law Brainstorming Series Answer-2
Criminal Law Brainstorming Series Answer-2
Turning back to the facts of the present case,it is clear that the accused persons
are Indian Nationals and can be prosecuted in India for an offence under Section-
498A of the IPC.
Having said that,there is one procedural impediment to their being summoned for
an offence under Section-498-A of IPC,in India.
It is trite law that separate charge for separate offence is a rule and provisions
relating to joinder of charges are mere enabling provisions.Therefore the
magistrate could very well proceed vis-à-vis offence under section-3 of Dowry
Prohibition Act and the whole trial need not to be brought to halt due to absence
of such sanction qua offence under section-498-A of Indian Penal Code.
Note- (Facts taken from Thota Venkateswarlu v/s State of A.P. (2011) 9 SCC
527,with some modifications)