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SECTION 498A OF INDIAN PENAL CODE

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


  • The powers of the arrest on complaints relating to offence under
    Sec. 498A of 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 Sec. 498A of 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 Sec. 498A of IPC.
  • In case of juveniles, Sec. 498A of 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


     

    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 of 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.

    For more information please contact our team.

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