What is Section 498a of IPC?
The object for which Section 498A IPC was introduced is amply reflected in the Statement of Objects and Reasons while enacting Criminal Law (Second Amendment) Act No. 46 of 1983. As clearly stated therein the increase in number of dowry deaths is a matter of serious concern. The extent of the evil has been commented upon by the Joint Committee of the Houses to examines the work of the Dowry Prohibition Act, 1961. In some cases, cruelty of the husband and the relatives of the husband which culminate in suicide by or murder of the helpless woman concerned, which constitute only a small fraction involving such cruelty. Therefore, it was proposed to amend IPC, the Code of Criminal Procedure, 1973 (in short `the Cr.P.C.’) and the Evidence Act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by the husband, in laws and relatives. The avowed object is to combat the menance of dowry death and cruelty.
Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC. Cruelty has been defined in the explanation for the purpose of Section 498A.
Bare Act reading of IPC 498A is :- Husband or relative of husband of a woman subjecting her to cruelty- Whoever being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation-For the purpose of this section `cruelty’ means-
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”
Question : Is IPC 498a bailable?
Answer: No
Question : Can 498a be filed after 7 years of marriage?
Answer: Yes
Question : Can 498a case be withdrawn?
Answer: No. IPC 498A is not a compoundable offence and can only be quashed. But a complaint, before a FIR is written, may be withdrawn
Question : What happens if 498a is proved?
Answer: The accused of IPC 498A are convicted of an imprisonment of not more than 3 years and a fine.
Question : What happens after 498a?
Answer: After a 498A complaint is filed at the CAW cell or mahila thana, the same sent for reconciliation proceedings. If not fruitful result comes out, a FIR is lodged and then chargesheet / Challan is prepared to be sent to court.
Question : How long does a 498a case take?
Answer: Unfortunately, in India delay in deciding cases makes the case of 498A much longer that the period of punishment itself. It is common that a case takes more than 3 years from when the complaint is filed.
Question : How do I prove a 498a case?
Answer: The case is proved on basis of its evidence and testimony of witnesses.
Question : Can wife stay with husband after filing 498a?
Answer: Yes
Question : How do I deal with my 498a wife?
Answer: The technique of combating a hostile wife is a mixture of both attack and defence, saying this following should be done :-
- Hire an experienced lawyer.
- Analyze, scrutinize and examine the situations you are in very carefully and abide by the advice of your lawyer.
- Be aware about the latest developments with regard to 498 A IPC.
Question : Is 498a valid after divorce?
Answer: 498A can be withdrawn after the divorce decree is granted to the spouses , the condition being that before the divorce the parties should reach to a settlement where the wife agrees to withdraw the 498A charges against the husband and based on that settlement the concerned High Court may quash the FIR under Section 498 A
Till the time the competent Court does not quash the FIR or acquits the person from charges under Section 498 A, the proceedings under Section 498 A can continue, even after filing divorce.
Question : Is it easy to get anticipatory bail in 498a?
Answer: The long and short of it is dependent upon certain conditions, and upon the presence or absence of which the Courts decide the merits of an anticipatory bail in 498 A. The conditions are as follows :-
- condition that the person shall make himself available for interrogation by a police officer as and when required;
- a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
- a condition that the person shall not leave India without the previous permission of the Court;
If the Court thinks that all the conditions will be fulfilled and there is no harm in releasing the applicant on bail, then he/she can be granted bail.
Question : How do you win 498a case?
Answer: The art of breaking the case of the opposition during cross examination of the complainant and her witnesses and unwaivering testimony during your chief examination and subsequent cross examination, will result in acquittal (winning a trial in 498 A)
Question : Can you take back 498a wife?
Answer : Yes, it can be done after an agreement between you and your wife that you both have reconciled your differences and will be living together and the wife shall extend co operation in quashing the FIR against the husband and his relatives before the High Court.
Question : How do you quash 498a?
Answer : There are two modes by which an FIR u/s 498 A IPC may be quashed, which are as follows:-
- Firstly, a petition under Section 482 CrPC can be filed on the basis of the compromise between you and your wife.
- Secondly, a petition for quashing the said FIR can be filed on it’s merits.
Question : How do I remove my name from 498a case?
Answer: Before the acquittal at the time of final judgment of the trial, if the accused wants to seek removal of his/her name from a 498 A case, then he/she may file an application under Section 239 CrPC seeking discharge from the case by convincing the Court about non maintainability of the case against him/her.
Question : Is anticipatory bail for dowry case?
Answer: Yes
Question : How do I file 498a against my husband?
Answer: A complaint before the ACP, Crime Against Woman Cell can be made by the aggrieved person or her relative against the husband and his family and post that and after preliminary investigation by police and FIR can be registered.
Question : How many times wife can file 498a?
Answer: 498A can be filed multiple times. Even a fresh FIR can be filed, once the old FIR has been quashed.
Question : What to do if false 498a is filed?
Answer: Firstly, engage a lawyer who can provide you the best possible legal defence and try to get yourself either discharged or acquitted. Once, acquitted and if found that the allegations as per the FIR were false then you can file a suit seeking damages for malicious prosecution.
Question : What Supreme Court says about 498a?
Answer: The Supreme Court says that prosecution of relatives of husband based on general and omnibus allegations levelled against them is an abuse of process of law and the said tendency is rising.
Question : How do you defend against 498a?
Answer : A man who is falsely accused under section 498a can do the following for a successful defense.
- Engage an experienced lawyer.
- Seek anticipatory bail
- Collect all evidence in your favour and material to disprove the case of prosecution’
Question : Where do I file my 498a case?
Answer: SC has opined that wife can file a case in the jurisdiction where she resides.
Question : What is the difference between 498a and domestic violence?
Answer: 498 A can only used by a wife to prosecute the husband or his relatives who have inflicted cruelty upon her. Whereas, an aggrieved woman can file an application under Protection of Women from Domestic Violence Act, 2005 against those persons with whom she shares a domestic relationship in a shared household and who have inflicted mental, physical and economic abuse on her.
Question : Can 498a FIR be quashed?
Answer: Yes, There are two modes by which an FIR u/s 498 A IPC may be quashed, which are as follows:-
- Firstly, a petition under Section 482 CrPC can be filed on the basis of the compromise between you and your wife.
- Secondly, a petition for quashing the said FIR can be filed on it’s merits.
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