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.
What is 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.
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 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.
Yes. Any Indian wife can file 498a for her husband, her parents, siblings, brothers, uncles aunts, cousins, and wives of brothers and other relatives. The 498a (dowry harassment) case can lead to an arrest without any investigation or verification.
Yes. You can avoid 498a in a police station by using effective bribery. However, it might not be possible if she has the contacts.
A Section 498A FIR cannot be filed through the family court. Instead, one should first approach the Women Cell or a station of police after filing a complaint about cruelty. If the police officer refuses to file an FIR under this section, one should file a complaint before the Mahila Court Magistrate.
The penalty is imprisonment, which can be extended to 3 years and a fine. The simple language will say that imprisonment with a fine is given. However, the terms may vary from case to case. The maximum term is three years.