SECTION 498A IPC (INDIAN PENAL CODE)
WHAT IS SECTION 498A IPC ?
Section 498a ipc, introduced in 1983 is popularly referred to as the dowery Law that seeks to safeguard married ladies from Harassment by the spouse or his relatives. This section 498a ipc will solely be invoked by wife/daughter-in-law or her relative. This law of section 498 ipc makes it obligatory for the police to file charges against the husband, his parents and different relatives/friends (whoever being named on the grievance by the married lady or her her relatives) and place them in jail. For taking action on customs of dowry ipc 498a is here to protect. 498a is also known as dowry section ipc, dowry harassment section, dowry harassment ipc.
SECTION 498A OF THE INDIAN PENAL CODE :
A woman’s husband or her husband’s relative is subject to cruelty. – Anyone who abuses a woman who is a relative of a husband can be sentenced to three years in prison and also be liable to a fine. Explanation.
For the purpose of this section, “cruelty” means-
(A) conduct of the husband or relatives compelling women for committing suicide or causing serious injury or endangering a woman’s life, organs or health (whether mental or physical); Or
(B) Harassing woman in a place where she or a person related to her is forcibly or any person related to her refuses to meet her in order to satisfy any illegal demand for property or valuable security. Such a demand.]
PUNISHMENT FOR 498A :
498a punishment is as follows: – Husband or relative of husband of a lady subjecting her to cruelty.—being the spouse or the relative of the spouse of a lady, subjects such lady to cruelty shall be punished with imprisonment for a term which can be 3 years and shall also liable to pay fine.
CRUELTY UNDER SECTION 498A IPC :
There are different types of cruelty which are covered in meaning of cruelty under ipc. Section 498a of the indian penal code covers all types of cruelty, mainly demand of cash or kind as dowry before marriage or after marriage. Rest of the acts which could be called as cruelty under ipc can be added as per every new incident like harassing wife over her cooking style, teasing her on basis of cast, face, height, colour etc. Under section 498a of ipc cruelty includes the said incidents and other defined by the courts from time to time.
He defines “cruelty” as the act of inflicting physical or mental harm on a woman’s body or health and forcing her or her relationship to engage in acts of harassment aimed at forcing her to comply with any illegal demands. Property or valuable security. Harassment for dowry falls on the latter half of the department. Creating a situation that makes a woman commit suicide is also an element of “cruelty”
IPC 498A IN MARATHI/ 498 KALAM IN MARATHI :
Ipc section 498a in marathi means – कलम 498-ए: क्रूरतेच्या अधीन असलेल्या महिलेचा पती किंवा नातेवाईक – जो कोणी, पती किंवा महिलेच्या पतीचा नातेवाईक असेल, अशा स्त्रीला क्रूरतेने अधीन केले असेल तर त्याला कारावासाची शिक्षा ठोठावली जाऊ शकते. तीन वर्षे आणि दंड देखील असेल.
स्पष्टीकरण. – “क्रौर्य” म्हणजे-
(अ) स्त्रीला आत्महत्या करण्यास किंवा गंभीर दुखापत होऊ शकते किंवा एखाद्या स्त्रीचे जीवन, अवयव किंवा आरोग्यास (मानसिक किंवा शारीरिक असो) धोक्यात आणण्याची प्रवृत्तीची अशी जाणीवपूर्वक वागणे; किंवा
(ब) ज्या ठिकाणी मालमत्ता किंवा मौल्यवान गोष्टी साठी कोणत्याही बेकायदेशीर मागणीची पूर्तता करण्यासाठी तिला किंवा तिच्याशी संबंधित असलेल्या एखाद्या व्यक्तीस जबरदस्तीने किंवा तिच्याशी किंवा तिच्याशी संबंधित असलेल्या कोणत्याही व्यक्तीने तिला भेटण्यास नकार दिल्यामुळे होणारा छळ.
498A IPC IN HINDI/ DOWRY ACT 498A IN HINDI :
498 ए।- किसी महिला के पति या रिश्तेदार पर क्रूरता का आरोप लगाते हैं। – जो कोई भी, किसी महिला के पति का रिश्तेदार या रिश्तेदार होने के नाते, ऐसी महिला को क्रूरता के अधीन करने पर कारावास की सजा दी जाएगी, जो तीन साल तक बढ़ सकती है ।
स्पष्टीकरण। — “क्रूरता” का अर्थ है-
(ए) कोई भी विलक्षण आचरण जो इस तरह की प्रकृति का है, जिससे महिला को आत्महत्या करने या महिला के जीवन, अंग या स्वास्थ्य (चाहे मानसिक या शारीरिक) को गंभीर चोट या खतरे की संभावना हो; या
(ख) उस महिला का उत्पीड़न जहां इस तरह का उत्पीड़न किसी भी संपत्ति या मूल्यवान सुरक्षा के लिए किसी भी गैरकानूनी मांग को पूरा करने के लिए उसे या उससे संबंधित किसी भी व्यक्ति के साथ ज़बरदस्ती करने की दृष्टि से है या उससे मिलने या उससे संबंधित किसी व्यक्ति द्वारा विफलता के कारण है ऐसी मांग।]
THE USE OF THE SECTION SECTION 498A OF IPC.
Section 498a ipc was introduced in year 1983 to protect married women from being subjected to cruelty by the partner or his relatives. The expression “cruelty” has been characterized in wide terms to include perpetrating physical or mental hurt to the body or strength of the woman and indulgence in acts of harassment to (or “intending to”) coercing her or her relations to meet any unlawful demand for any property or valuable security or cash as dowry.
Harassment for dowry falls within the compass of a latter limb of the section. creating a scenario driving the lady to commit suicide is additionally one in all the ingredients of ‘cruelty.’ The offence under 498a of ipc is cognizable, non-compoundable and non-billable.
MISUSE OF SECTION 498A IPC :
Females in India are increasingly misusing the section 498a ipc law to harass in-laws. The actual fact lies here that there is terribly low conviction rate in such form of section 498 ipc cases and much has been written relating to the misuse of Section 498A of IPC that was introduced with the declared objective to combat the menace of harassment to a woman at the hands of her husband and his relatives.
At times, the society sees only one side of the narrative and is quick to judge the husband. This section is non- bailable , Non-compoundable. it is the foremost easiest method to harass is to induce the husband by filing 498a false case and his relatives under this provision. In most of the cases Police Authorities file 498a FIR against parents of husband who resides separately or married sister who resides abroad or studying in different city. Where false 498a FIR comes role of efficient 498a lawyer starts.
498a lawyer checks drawbacks and loopholes of false 498a FIR, 498a case and suggest and advice victims accordingly. Only lawyers can prevent 498a misuse. Most cases filed under this section have didn’t pass legal scrutiny resulting in a really low conviction rate.
WHAT DOES NOT HAPPENS IN CASE OF SECTION 498 IPC MATTERS WHICH CREATES NEED OF 498A LAWYER :
- The powers of the arrest on complaints relating to offence under Section 498A IPC are to be exercised carefully and cautiously.
- Power of arrest without a warrant should be exercised only after a reasonable satisfaction is reached, after some investigation, as to the genuineness and bonafides of a complaint and a reasonable belief as to both the person’s complicity as well as the need to effect arrest.
- In matrimonial disputes, it may not be necessary in all cases to immediately exercise the powers of arrest. Recourse may be initially taken to dispute settlement mechanism such as conciliation, mediation, counselling of the parties etc.
- Arrest under Sec. 498A of IPC on the basis of a complaint should be done only with written order of the Police officer of the level of District Police Chief or equivalent and it should be ensured that there is sufficient material for arresting the accused and charge sheeting the case.
- The service of professionally trained family counselors shall be utilized for conciliation and mediation between the spouses and their families so that frivolous cases are screened at the initial stage itself and Section 498A IPC is invoked in rare cases.
- The process of counselling by the Police Department should be made professional by involving qualified counselors and reputed NGO’s so that people have more confidence in the mechanism and arrive at some settlement without the use of section 498a ipc.
- In case of juveniles, Section 498A IPC should not be invoked. However, in case of any aberrations, the Police must ensure that the children are put under the care of Child Welfare Committee.
NECESSARY SITUATIONS OF ARREST IN 498A :
-
SECTION 498A + MEDICAL EVIDENCE OF ABUSE :
If wife approaches police station with the Complaint of harassment and physical abuse by husband and relatives and at the time of complaint if Police Authorities taken Complainant wife to the Hospital for evaluating her wounds and injuries, positive medical report proving fresh injury and wounds will create situation for Police Authorities to investigate whole family by taking all of them into police custody.
-
SECTION 498A + SECTION 406 OF IPC :
Section 406 IPC relates to criminal breach of trust. If wife approaches Police Station with complaint of harassment and accuses husband and family that they refuse to return all jewelry and articles of wife which she got in her marriage from both the sides and if wife substantiate her claims with documents, it becomes necessary for Police Authorities to immediately arrest husband and relatives in order to recover jewelry of Complainant wife. Section 406 of IPC is applied when jewelry and articles of wife are in possession of husband and relatives and they refuse to return it.
498A COMPLAINT FORMAT :
There is no complaint format for 498A, you can just mention the series of the event of cruelty with respective dates and attach evidence and documents available to you, addressing same to the senior inspector of police of the police station where your husband resides or where you reside.
References and more to read :
- CONTESTED DIVORCE
- MUTUAL DIVORCE
- MUTUAL DIVORCE PROCEDURE IN MARATHI
- DIVORCE LAWYER
- MAINTENANCE FOR WIFE
ANTICIPATORY BAIL 498A :
Whenever there is recover involves of jewelry in 498A FIR i.e alongwith section 498 ipc there is another Section 406 in FIR, When FIR contains section 498a 406 ipc Police investigating officer require to arrest the husband and family members in order to recover the Jewelry. In some cases where there is a true claim of Jwellaey, husabnd could attend the Police station and surrender the jewelry and can avoid arrest but in cases where jwlary claim is falsely added by the wife, there is no option to the husabnd and he gets arrested by the Investigative officer.
Here 498a lawyer comes for help. In above situation you can immediately anticipatory bail in sessions court and get interim bail 498a by which till the Investigating officer files his reply on anticipatory bail application, there will be no arrest. Till he files the reply you can attend the Police station and give proof about your innocence and support investigation which indirectly helps to show your good conduct in court. Anticipatory bail in dowry case is possible depending upon multiple aspects like recovery of jewellery pending, pending enquiry, physical injury etc.
Anticipatory bail application 498a can be filed in Sessions Court and if it is rejected by session court, then can be filed in High Court. 498a bail amount could vary from Rs. 10000/- to Rs. 50,000/- depending upon circumstances.
Shreeyansh Legal provides very good 498a lawyer in Mumbai, Navi Mumbai and Thane who are specialized in section 498a anticipatory bail and explain you whole procedure and clear all doubts about ipc 498a bail and mainly visits police station with you to give you support and protective your rights under Indian constitution. Anticipatory bail 498a cost is very high and depends upon case to case because it involves the matter of safeguard of husband and relatives from arrest. Anticipatory bail cost for 498a varies from lawyer to lawyer and difficulties in the matter.
GROUNDS FOR REJECTION OF ANTICIPATORY BAIL IN 498A :
Following are the grounds on which 498a anticipatory bail rejected-.
- Recovery of Jewellery and article of wife.
- Recovery of dowry amount.
- Pending investigation.
- The arrest of the co-accused pending.
Chances of getting anticipatory bail in 498a depend upon above factors.
REGULAR BAIL IN 498A CASE :
When there is absence of Section 406 in FIR, mostly if there is no physical injury, Investigation officer do not feel any need of custody of the husband and relatives and they could support in investigation and get regular bail in 498a case by attending the court simply. After getting section 498a anticipatory bail, you have to attend the court for regular bail in 498a case once the police officer completes the investigation and files the chargsheet.
Station bail for 498a is not allowed as it is non-bailable section.Regular bail against false 498a case is possible depending upon multiple aspects like recovery of jewellery pending, pending enquiry, physical injury etc., Husband gets conditional bail in 498a (498a bail conditions), like not to harass wife and meet witneses. If there is breach of the conditions mentioned in anticipatory bail in 498a case there will be cancellation of anticipatory bail in 498a.
498A CASE :
HOW 498A CASE PROCEEDS :
1. Filing of Chargsheet.
2. Regular Bail o fall accused.
3. Plea Recording of all accused.
4. Chief of Complainant and her cross examination.
5. Chief of witnesses and their cross examination.
6. Statement of Accused and evidence and documents if he wants to file.
7. Final Argument.
8. Judgement.
LOOK OUT NOTICE 498A :
Sometimes if 498a FIR is lodged and husband and other accused out of country and despite of notice to appear before the Police officer for investigation, they do not appear, Either Police station issues look out circular 498a called LOC. Red corner notice in 498a is very rare in 498A matters, as it is related to matrimonial disputes not crime. In case of look out circular 498a you will be arrested on Airport once you landed in India.
ANTICIPATORY BAIL 498A BEFORE FIR :
Anticipatory bail 498a before fir is very rare and creates a doubt in the mind of court why the parties are appearing at very initial stage before Court. Most people go for anticipatory bail 498a before fir when they dont have faith on Police officer. In such type of situation court gives the protection to the parties by giving direction to the Police station that they should give 72 hours notice after FIR under section 498a to the party so that they will get the opportunity to approach court for relief.
498A CASE AFTER DIVORCE :
498a case after divorce happens very rarely and mostly in case of revenge. When the both parties get divorce, nothing remains to prove and in such situation 498A FIR is not possible as dispute between the parties are already testified before the court. However there is no restriction for 498a case after divorce.
498A QUASHING :
When wife does 498a misuse filing 498a false case, the husband can immediately file a petition for 498a quashing before Hon’ble High Court stating reasons for 498a quashing.
If there are substantial evidence against wife and from the prima facie study of FIR if it could be concluded that it is filed purposely, the court will immediately stay charge sheet and call say of the wife and investigating officer.498A quashing should be filed before chargsheet because mostly court refuse to 498a quash after chargesheet. Since chargsheet is proof that the investigation officer completed the investigation and compiled all evidence, the role of the trial court starts and it creates a need to be testified before the trial court all the evidence and witnesses.
COMMON QUESTIONS :
Can 498a after 10 years of marriage or dowry case after 7 years is possible?
Yes, 498a after 10 years of marriage is possible as cruelty is continuing office and there is no limitation to file the complaint after specific period from the cause of action.
Can husband file defamation case against false 498a?
Yes once you acquitted by the trial court, you can file defamation case against false 498a. But during trial and before the judgement you can not file defamation case against false 498a.
What is 41a notice in 498a?
If FIR is lodged under section 498a IPC and the police want to arrest the husband or his relatives for investigation, then the Investigation officer needs to give Notice under section 41A of CRPC before arrest as per Hon’ble Supreme Court judgment. If in any offence having punishment less than 7 years, if accused arrested without giving 41A notice, then that arrest will be invalid and bail will be granted on that ground.
Can wife file Petition under section 125 ipc after 498a of IPC?
Yes wife can file Petition under section 125 ipc even after 498a as it is having a different remedy of maintenance for wife.
How to withdraw 498a case?
Since 498a section is non-compundable 498a can not be withdrawn but if the husband filed a Quashing petition, wife can file her consent affidavit resulting in the quashing of 498A and this is the best way can 498a case be withdrawn.
How to file 498a against husband?
you can just mention the series of the event of cruelty with respective dates and attach evidence and documents available to you, addressing same to the senior inspector of police of the police station where your husband resides or where you reside.
Can 498a be filed after divorce decree?
Yes it can be filed.
How 498a can be quashed?
498a can be quashed by filing a Quashing petition in High Court.
How to withdraw 498a after charge sheet?
You cannot withdraw 498a after chargsheet, you have to face trial.
How to protect from 498a?
Approaching as soon as you have apprehension, you should consult an advocate. Only advocates can tell you how can 498a be quashed and how to deal with 498a case and how to avoid 498a case.
Can 498a be filed twice?
Yes, it depend upon the situation. Suppose after first 498a is withdrawn and couple started residing together and after the same wife is subject to cruelty again by husband then she can again approach police station.
It is observed that most of the cases of 498A of IPC gets settled after passing of time either by way of mutual divorce or contested divorce settled and converted into mutual divorce.
It is also true that most of the time section 498 ipc cases start with additional litigation of maintenance, child custody, restitution of conjugal rights.
For more information on Matrimonial dispute – Click here
For information on Divorce – Click here
Shreeyansh Legal provides 498A lawyer in thane, best 498A lawyer in Mumbai, divorce lawyers in navi mumbai. We have best advocates in Mumbai who assist clients for anticipatory bail 498a and Contested divorce. It is easy task to get good lawyers but the question comes about the transparency. Our team provides divorce lawyer in Mumbai, 498A lawyer as per requirement of client considering the needs of clients.
List of the 498A lawyer in mumbai, criminal Lawyers in Mumbai is easily available on the net, only thing you must convey your purpose and object to the 498A lawyer so that he or she could help you in better manner. So when question comes best 498A lawyer in thane? or criminal lawyers near me? Don’t hesitate to take appointment for Divorce lawyers from our firm.