Uma’s Arrest and Kanak’s Cheating

Some fact check on the laws:

http://indianlawcases.com/Act-Indian.Penal.Code,1860-1820

It states the following:

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; *[and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely she will be, forced or seduced to illicit intercourse with another person shall be punished as aforesaid].

http://indianlawcases.com/Act-Indian.Penal.Code,1860-1802

Section 350- Criminal force
Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that person.

Now, a real person in Uma’s place who never forced intercourse but did force marriage will be held partially accountable in court to begin with.

The defense lawyer would then say that the girl willingly returned for sake of property and so there is no case. It will be up to the judge to acquit UmaShankar completely. If not, then he will serve a reduced punishment. If acquitted, the marriage will be upheld because the girl returned of her own free will, it will go to divorce court, and the court will decide how much alimony is owed if alimony is asked for.

To be fair to UmaShankar: according to IPC420 for fraud and cheating.

Mens rea is a legal phrase which used to define the mental state of a person while committing a crime and that should be intentional. It can refer to a general intent to break the law or a specific prearranged plan to commit a particular offense. A criminal prosecutor must show beyond any reasonable doubt to convict an accused person that the suspect actively and knowingly contributed in a crime that affected another person or their property.

So both could go to prison or settle out of court. Depending on who is willing to let go of what and if both are willing to live with each other.

Shows need to stop showing regressive crap in the name of romance. Even now the character of UmaShankar is back because of that second garland throwing and new divine sign. That’s delusion and obsession, not love. Kanak made a big mistake going back to him for property. Writers made a big mistake formulating this sickening and toxic track for a love story. Lead actors(both of whom I love) are doing their honest job, and for their sake, I hope the writers will figure out a dignified solution to this mess and a plausible reason for Kanak and Uma to be together. It’s been about 20 years of utter crap on Indian TV starting from Ekta Kapoor and nourished by Gul Khan. I hope the cycle is coming to an end and better television is on the horizon.