What is IPC Section 498A?
This section made its way in the Penal Code by Criminal Law (Second Amendment) Act of 1983. It provides legal protection to the woman who is subjected to cruelty by her husband or a relative of her husband. The perpetrator of the crime shall be awarded jail term for a term which can ‘extend to three years.’ The predator shall also be ‘liable to fine.’
The 498A gives Indian women legal protection from dowry harassment and domestic violence. It makes matrimonial cruelty a cognizable, non-compoundable and no-bail offence. Cruelty under this section is defined as pushing a woman to committing suicide, causing injury to her life or health or harassing her to fulfill unlawful demands regarding property or security.
How Divorce Lawyer New Delhi Can Help?
Our Delhi divorce lawyers also handle criminal cases related to domestic violence and harassment in marriages. Please take the right step to approach us if you are facing any kind of physical harassment and mental torture from your spouse or their family members. Take the first right step towards your freedom and dignity in life!
Each morning newspapers carry articles of girls who are burnt alive by their fathers and brothers because they refused to marry the person of their family’s choice. Many others are killed in the name of dowry, domestic violence and honor. In the light of these horrific facts, the Indian government moved toward introducing some special provisions in the penal code to address the sensitive issues of violence against women. Section 498 A was introduced via an amendment to counter dowry deaths, cruelty by husband and in-laws.
The dark side of 498A
While this section proved to be a big favor for marginalized women of India, it is hardly a surprise that this act has not been abused by malicious ex-wives as a tool to trap husbands and humiliate them by getting them arrested. Reportedly some women used it to defame their husbands, and extort huge sums of cash from them. In a way some women, who harbor evil designs, manipulate the law simply by leveling up allegations. Our lawyers make sure that husbands are not wronged that way.
It works both way. This provision of law unequivocally act as a deterrent against lots of dowry deaths but at the same time in some cases a wrongful allegation had put innocent people behind bars. If you are wronged as a husband or as a wife, Divorce Lawyer Delhi are here to help you get justice.
Contact Divorce Lawyer Delhi
You can inquire from the legal team at Divorce Lawyer New Delhi about the prospects of your case. Our lawyers are here for immediate help. Just call or drop an email for detailed discussion about your particular circumstance.
FAQs
No, Section 498A of the Indian Penal Code is a non-bailable offense, which means that the accused cannot be released on bail immediately after arrest. The accused has to apply for bail in court, and the decision to grant or reject bail is at the discretion of the court.
The punishment for the offense under Section 498A of the Indian Penal Code is imprisonment for a term which may extend up to three years and/or a fine. However, the duration of the actual imprisonment can vary depending on the specific circumstances of the case and the discretion of the court.
Yes, a case can be filed under Section 498A of the Indian Penal Code even after 7 years of marriage, as there is no time limit for filing a case under this section. As long as the incidents of cruelty or harassment happened during the subsistence of the marriage, a complaint can be filed under Section 498A.
To prove an offense under Section 498A of the Indian Penal Code, evidence such as the victim's statements (oral or written), medical reports, witness accounts, and documentary evidence or dowry-related evidence can be helpful in filing a petition under Section 498A.
