Facts of the Case
- A criminal case under Section 498A IPC (cruelty by husband or relatives towards a woman) was filed.
- The accused is absconding and not appearing before the court.
- The victim, who is illiterate, has filed for survival or protection and is seeking advice.
Issues in the Case
- What legal remedies are available to the victim when the accused is absconding?
- How can an illiterate victim get proper support and protection during the criminal proceedings?
- What steps should the victim take to ensure justice and safety?
Principles Associated with It
- Under Section 498A IPC, cruelty to a woman by her husband or relatives is punishable with imprisonment and fine.
- When the accused absconds, the court can issue a non-bailable warrant and may declare the accused a proclaimed offender.
- Victims have the right to police protection and assistance, especially if their safety is at risk.
- The Legal Services Authorities Act, 1987 entitles illiterate and vulnerable victims to free legal aid and assistance.
- Victims can approach the Women’s Help Desks, Women’s Police Stations, and Protection Officers for support.
- Courts may allow the victim to be represented by a legal aid lawyer if she cannot afford one or is illiterate.
- The victim can also file an application for anticipatory bail or protection orders depending on the situation.
Judgement / Advice
- The victim should approach the nearest Legal Services Authority or Women’s Help Desk to obtain free legal assistance and counseling.
- She should inform the police about the accused’s absconding status to enable the issue of non-bailable warrants and steps for arrest.
- The victim can seek police protection if threatened or in danger.
- She should keep all court dates and proceedings informed to her legal aid representative.
- If necessary, the victim can apply for protection orders or maintenance under Section 125 CrPC.
- Overall, the victim must utilize legal aid services and women’s protection mechanisms to ensure her safety and justice despite illiteracy.