SECTION 498A OF INDIAN PENAL CODE
Section 498a, 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 will solely be invoked by wife/daughter-in-law or her relative. This law makes it obligatory for the police to file charges against the husband, his folks and different relatives/friends (whoever being named on the grievance by the married person or her shut relatives) and place them in jail. The section is scan as follows: – 498A. 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 even be prone to fine.
THE USE OF THE SECTION SECTION 498A OF INDIAN PENAL CODE.
S.498A of I.P.C was introduced in year 1983. To protect married women from being subjected to cruelty by the partner or his relatives. A discipline stretching intent on three years and fine has been supported. The expression “cruelty” has been characterised 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 dowery. Harassment for dowery 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 S.498A of IPC is cognizable, non-compoundable and non-billable.
THE MISUSE OF THE SECTION SECTION 498A OF INDIAN PENAL CODE.
Ladies in india are increasingly misusing the anti-dowry law to harass in-laws. The the actual fact lies here that there is terribly low conviction rate in such form of cases and much has been written relating to the misuse of Section 498A of the 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 and his relatives inactive under this provision. In most of the cases Police Authorities file FIR against parents of husband who resides separately or married sister who resides abroad or studying in different city. 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 498A MATTERS WHICH REQUIRES HELPS OF ADVOCATES
Sec. 498A of IPC are to be exercised carefully and cautiously
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
to immediately exercise the powers of arrest. Recourse may be initially taken to
dispute settlement mechanism such as conciliation, mediation, counselling of 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.
for conciliation and mediation between the spouses and their families so that
frivolous cases are screened at the initial stage itself and Sec. 498A of IPC is invoked
in rare cases.
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 Sec. 498A of IPC.
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
SECTION 498A + MEDICAL EVIDENCE OF ABUSE
SECTION 498A + SECTION 406 OF IPC
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