What is Article 498A?
Section 498A states that if a husband or relative of 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. The offense under Section 498A is cognizable, non-compoundable and non-bailable.
What is the difference between 498 and 498A?
Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.
How is 498A misused?
Misuse of Section 498A in the modern era. A violation of this section is done by women by creating frivolously false allegations against their husbands with the goal of getting some money or just paining the family. This section’s abuse is increasing chop-chop and therefore the ladies usually apprehend their husbands.
What is the importance of Section 498 of Indian Penal Code?
Section 498-A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed.
Is Section 498 removed?
Terming the two laws on adultery – Indian Penal Code (IPC) section 497 and 498 — as unconstitutional and a colonial rule, the Supreme Court on Thursday struck down the two sections. However, the court said that it can be a ground for divorce and a person will have civil remedies for it.
Can husband file 498A against wife?
3) File case against Wife: Husband can file case against the wife for the threat and blackmailing done by her to file the false section 498A case. The documentation proof and other details are required while filing the case against the wife.
Can wife stay with husband after filing 498A?
Yes she can stay in the matrimonial home. Now she is required to file an application in the said court for cancelling his husband’s bail. Also, she can complaint in the nearest police station regarding the same.
What IPC 406?
Section 406 in The Indian Penal Code. 406. Punishment for criminal breach of trust. —Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What happens if wife files 498A?
Section 498a punishment may state that if a husband or relatives/family of the husband are found to subject the wife to cruelty, then they will be imprisoned for a jail term of three years with a liability to fine.
Is 498A criminal Offence?
—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such …
Is Dowry Act bailable?
Dowry is the property and money that a bride brings to her husband’s house at the time of her marriage. Section 498A of the IPC makes ‘cruelty by husband or relatives of husband’ a cognizable and non-bailable offence and includes within its purview dowry related harassment of the wife.
How do I protect my parents from 498A?
Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members.
When did Section 498a of IPC come into effect?
Section 498A of IPC has come as a major amendment in the Indian Penal Code, 1860 which was inserted in 1983 for the safeguarding of women’s rights and empowerment. The extortion of any kind of property by subjecting a woman to cruelty is punishable under Section 498A of the Indian Penal Code.
What is Section 498a of Indian Penal Code?
Section 498A in The Indian Penal Code. 376 [498A. 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.
What is the definition of cruelty under Section 498A?
Section 498A states that if a husband or relative of 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. The offense under Section 498A is cognizable, non-compoundable and non-bailable.
What does the Supreme Court say about Section 498A?
Measures can be taken to overcome the loopholes but entirely scrapping the law can prove to be detrimental to the society. Supreme Court calls the Section 498A as ‘Legal Terrorism’. The misuse or abuse of the law is mostly done by urban and educated women.
