S ection 498A
Section 498A of the indian penal code, 1860
What would constitute ‘Cruelty’ under this provision?
The word ‘cruelty’ would mean any wilful conduct on part of the husband or his relative, because of which the woman will be driven so much so as to take away her own life by committing suicide or to cause danger to her life, limb or health. This injury can be both, physical and mental. This harassment is also sometimes with a view to coerce her or anyone related to her in order to meet any unlawful demand like asking for property or valuable security.
Nature of proceeding – Criminal. It is a non- bailable offence.
Jurisdiction of the court – Criminal Court (Metropolitan Magistrate or Judicial Magistrate First Class)
Cognizable offence – It is a cognizable offence. The registration of FIR is mandatory by the police officials. The arrest can be made without warrant in this case.
Non- compoundable – There is no liberty available to the complainant for withdrawing the case because the trial will be conducted by the State. In such cases, only the Hon’ble High Courts have the power to quash the proceedings on merit or on the ground of compromise.
Punishment of committing the offence under this section – The husband or the relative of the husband can be imprisoned for a period which may extend to three years and shall also be liable to fine.
Remedies available to the husband for false case under section 498A
If the husband is wrongly or falsely booked under this provision, then he has the option to file counter cases under the below- mentioned provisions of the Indian Penal Code, 1860 :-
- Criminal conspiracy (section 120B IPC)- The husband can file a counter case of criminal conspiracy against his wife if he truly believes that the wife is conspiring against him or his family members.
- Case under section 191 of the IPC– This provision deals with the false evidence. A counter case can be filed if the case under Section 498A is framed wrongly.
- Defamation– Section 500 of the Indian Penal Code deals with the same. A case for defamation can be filed if the wife tries to defame her husband or the relatives of the husband.
- Section 506 of the Indian penal code– This provision deals with Criminal Intimidation. If the husband or his family members are threatened by the wife that she can possibly harm them, then a case for criminal intimidation can be filed.
- Suit for malicious prosecution –Malicious prosecution means when one party intentionally initiates a baseless litigation against a person. The essentials that must be proved by the plaintiff in order to establish a malicious prosecution are mentioned-below:-
- Prosecution on part of the defendant– There must be judicial proceedings and departmental enquiries conducted against the plaintiff will not be considered prosecution.
- Unreasonable cause– The plaintiff has to prove that he was prosecuted without any reasonable cause.
- Damage caused– If any damage has been caused to the plaintiff’s reputation, person or property as a result of such prosecution.
Steps to seek protection from section 498A
The misuse of gender-based laws has become common in India because of the lack of provisions that address the men in our country. Hence, if a woman decides to misuse the law by lodging a false case against her husband or his family members then the below- mentioned steps can be followed in order to get protection from the same.
- Evidences– All the substantial materials should be gathered at first which elaborate upon the details of the case which is filed under Section 498A of the Indian Penal Code. These evidences will include the conversations between the wife or her family members like emails, SMS, call recordings etc. Proof regarding the fact that the wife has moved out of the house willingly. Evidences that prove no dowry demands have been made by the husband or his family members.
- Anticipatory bail– If the husband is anticipating that his wife may file an FIR, then an anticipatory bail can be obtained in order to prevent oneself from arrest. The anticipatory bail is also known as a precautionary bail if the police may proceed to arrest the husband or his relatives. This protection can be granted under Section 438 of the Criminal Procedure Code (CrPC).
- FIR quashing– Under Section 482 of the Criminal Procedure Code, a false FIR under Section 498A of the IPC can be quashed. Although an FIR does not get quashed if there are not sufficient proofs or evidences because the Courts are generally reluctant to quash the FIR in such type of cases. However, if there are sufficient grounds for the court to believe that the FIR is a false one, then it will certainly get quashed.
- Restitution of conjugal rights– The provision under the Hindu Marriage Act, Section 9 entitles the husband to file a case for the restitution of conjugal rights if the wife has left her matrimonial home without a justification or valid reason, simply to live back with her family.
Guidelines issued by the Hon’ble Supreme Court of India
There are certain guidelines which are issued by the Hon’ble Apex Court in order to deal with the cases falling under Section 498A of the Indian Penal Code. These are given below:-
(a) As per the judgment given in Arnesh kumar vs state of bihar, (2014) 8 SCC 273, the Supreme Court has given directions to the police officials for using their power under section 41 of the Criminal Procedure Code. It was directed to the police officials that they must satisfy themselves about the necessity of arrest before arresting a person as per the requirements of section 41 of CrPC. The magistrate shall peruse the report sent by the police officials before authorising the detention of the accused. The decision to not arrest the accused shall be forwarded to the magistrate within two weeks from the date of the institution of the suit. It was also instructed that the notice of appearance shall be served on the accused as per section 41a of CrPC within two weeks from the date of institution of the suit. If the Judicial Magistrate is authorising detention without recording the reasons, then he/she shall be liable for departmental action.
(b) The physical presence of all the family members may not be required and the members who live outstation will be allowed to attend the appearance via video conferencing.
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